Q: Workers' Compensation Insurance -deduction from paycheck.
I am working for some company as subcontractor, 1099 tax form. An employer collects from each of my paycheck 6.55% money, arguing that he needs to pay Worker Compensation Insurance. If I refuse, I lose my job. Is his action lawful?
A: I did a brief amount of research, and according to some consultants, yes, the action is likely lawful. If you do not carry your own Worker's Comp insurance, the employer may treat you as a direct employee for purposes of the Worker's Comp insurance.
A: Mr. Bartolic is an excellent attorney. However, I do not necessarily agree with this answer. In many instances an employer will try to designate an employee as an independent contractor and will misclassify them to avoid paying work comp insurance and to avoid work comp liability. This happens many times with truckers.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.