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  • Louisiana

    I have one dump truck and drive it myself. I do not have workman's comp because being the owner/driver I could not put a claim on myself even if I did get hurt. This is my problem. Since Katrina all of the contractors must take out WC on all drivers even if they sub from them and are given a 1099.This is a big and new expense for the contractors. Pre-Katrina they only had to have WC for their employees not subs.

    This seems illegal to me. How can a contractor take out money from my check for WC if I can never put a claim in. In Louisiana you can not put a claim in even if you get hurt if you are the owner/driver of a truck.The contractors are charging me to pay for THEIR added expense. What can I do ?
    Last edited by tiffer7; 09-23-2006, 04:33 AM.

  • #2
    Not even sure where to begin. First of all, anyone can file a WC claim regardless of their position. It is very possible to carry coverage on yourself.

    Second, if you are an IC (on 1099) you wouldn't be covered under the "employer's" policy. Assuming you aren't in fact an employee. If you are an employee, then you can not be paid on a 1099. Employees may not be charged for the cost of WC insurance either.

    There isn't a law that restricts charging 1099 ICs for coverage but it doesn't make sense as you wouldn't be covered under their policy.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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