truckers laws on 1099 form in ohio

[ldydrives]

yes i was in a truck accident in a truckstop in az. the company informs me i have no workmans comp. and i was on duty driving one of their company trucks and legal when the accident occured. i want to know what can be done as far as this goes to get workmans comp.from my employer while i am at home and not working ---- i get paid on 1099 form?

[Pattymd]

If you are, in fact, properly classified as an independent contractor, the company was not required to provide Work Comp coverage on your behalf. As an IC, that is something you are expected to provide for yourself. What does your contract/IC agreement say?

[ldydrives]

to my knowledge i am a company driver being paid 1099 for tax purposes. i drive their equipment,fuel on there fuel card, and send the repairs back to them. it's not taken out of my check as an ic. all the contracts for dhl(abx) which is air frieght. is in the companies contract as "jamestown transportation". but at the time of the accident i was in our sister co.'s truck under the sister co's ins.
ldydrives

[Pattymd]

An employer can't treat you as an independent contractor "for tax reasons" just because they want to. You have to meet certain criteria.
http://www.irs.gov/businesses/small/...=99921,00.html

This is a critical point here, because, generally speaking, if you are an employee, the employer must cover you under worker's comp.

[ldydrives]

i have recently contacted ohio government concerning wether or not my co. was covered under workmans comp. and they weren't. the sister company was. i prciate the addy u sent to me and it helped very much. they do control when and where it is delivered to. has set up delivery time and date.
thank you.
ldydrives