Takoma Park, MD asked in Appeals / Appellate Law, Workers' Compensation and Civil Rights for Pennsylvania

Q: #1, on a workmans comp case waiting the appeal hearing for next month, how does the state recognize "employment" from an

Continued....obvious fraudulent claimant that just got out of jail? My small business has never once had an employee and frankly never will use subscontractors again either. That three months was a regret. Thieves & liars is all you get. No thanks. Also, Does Pennsylvania accept a new person thatwe feel really is a contributer in this fraudulant claimants workmans comp case? They both just got out of jail for a crime of conspiracy to commit retail theft and the second charge was retail theft. Also, alot of my civil liberties have been violated by the UEGF and they have been bullies along with the slimy attorney that pushes stuff through inorder to get paid. Its a racketering scheme by the Lancaster Pennsylvania system who has too many lazy peurto ricans that are resentful of Americans and stay repeated criminals(this moron is a driving without a licence for 7 straight years in a row. Eeewwww on Pa. And all the nasty people. The ACLU nevers returns a call, like the failed WCAIS system.

1 Lawyer Answer
Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: Whether or not an individual is an employee or a subcontractor is a factual determination that depends on a number of things including the industry. If your business is involved in construction, different rules apply. The primary factor is control. Who sets the schedule. Who assigns the work. Who oversees the work. Whether the alleged employee has the right to come and go as they please among other factors. It is rather complicated, and if you are found to be an employer you could face fines and even criminal charges. If you do not have an attorney, you should seriously consider getting one to protect yourself and your business.

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