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Additional Details
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sera | Husband broke neck at work. eligible for workers comp?? |
My husbnad is a sub contractor.While at work ( working for the company 3 or 4 months) he fell of the top of a ladder and broke his neck. We live in tennesse. Frankly i know nothing about workers comp and dont want to file for it then find out he isnt eligible ( my parents own the company we would file againt.. and it would raise their insurance and we wouldnt get any gain.. ) Are there any rules about how long a subcontractor has to be working some where before he could get workers comp? what would the workers comp cover? is there anything that would keep him from being eligible?
Additional Details
as a subcontractor he worker for himself.. But he was contracted by a company my father owns to do work. Hes been working for the company for 4 months. He hurt himself while on the job.. for my father... |
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tonalc1
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If he's an independent contractor on the job, he wouldn't be covered. However, the definition of IC is pretty limited. Here:
http://www.disabilitysecrets.com/workmans-comp-question-22.html
And re "not gaining any gain", your medical would be covered. You wouldn't lose the money.
Your parents bought the policy to cover such accidents; it should be paid. Don't worry about their rates going up. |
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needtoknow
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You should call your worker's comp (or look it up on TN website) and certainly ask. What a terrible thing not to at least ask. Also, does he have long term disability insurance? You NEED to know these things about your husband. Call the state right now and see if he is listed and has been paying into the system. Also, SSI might be available until he gets back on his feet. Blessings. |
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akroncke71
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He should be entitled as it is a work-related injury NO MATTER IF HE IS A SUB-CONTRATOR. Speak with an attorney if you still aren't sure. Check with your parent's insurance policy too. If sub-contractors aren't covered, you might be in a bind. If he has health insurance, use that. Sometimes you don't want to do things like sue your parents, but when it comes to your husband's welfare, don't play around. Your folks wll get over it. |
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josh j
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as a subcontrctor he worked for his self .if workin for your father yes |
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jamesfrye
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Wouldn't hurt to ask but if you're husband is a licensed sub-contractor chances are no.
If he was a sub-contractor in name only, so your father wouldn't have to pay income tax then he probably would be eligible.
Contact your father's carrier or agent directly.
Other infomation can be provided with Tennessee Workers Compensation Division at: |
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Jason M.
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he should be eligible if it was a work related accident |
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C R
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Turn it in and let the insurance company decide. Most states require some form of Worker's Compensation to prevent lawsuits from workers.
It's insurance, just like for your auto or home. If you had a fire, you would turn in a claim for that, well it's the same with a Comp claim.
One issue is the sub contract situation. If there is a written agreement, it governs what insurance the general contractor is supposed to supply and what the independent contractor is supposed to have.
With private or state written comp coverage, they require you to turn in any claim that may apply. The person with the insurance, your parent's apparantly, must fill out the form and the information they submit will usually be key in determining if his injuries are covered. |
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mbrcatz
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If he's a true subcontractor, he's not eligible. There are IRS regulations regarding subcontractors. Here are some things that differentiate a true subcontractor from an employee:
a sub has his own general liability insurance
a sub is paid by the job, not the hour
a sub gets paid from a variety of different clients - usually a sub gets less than 40% of their income from one client
a sub is told what the job is, and when it has to be done, but can make the decisions on how to do the job, and what hours to work
Here is a little test you should take: http://www.connecticrews.com/quiz.htm
If you think the irs would classify your hubby as an employee, then he would be eligible for workers comp. You should consult an attorney, because in many states, if the sub doesn't carry workers comp, then the general is "on the hook" for insuring the sub. If your parents don't want to file the claim, and he has a permanent disability, you may have to sue them before they will submit the claim. |
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girly wirly
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yes he should be comepensated |
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