Hey. i have made a previous post on the risk of losing job over workers comp. I apreciate all the replys I got. I am probably just going to have to consult another lawyer about this but I will ask anyway. My lawyer will not stop pushing for workers comp and he said he will not feel comfortable not letting me file, he will have to talk to another lawyer to get second opinion, whatever the hell that means. He is pretty close to forcing me to file or firing him. I am in maryland and he says he is not sure if i am an employee but wants to try. I work for a man 5 days a week taking pictures of houses. I use my car for that purpose as well as everday activities.i fill out a 1099 for taxes but that was my boss's decision. I got into a car accident while driving from one house to take a picture to another house to take a picture.I now have a metal rod in my leg and am going to have a permanent limp. But I will be able to walk fine besides that.My lawyer thinks IF I have a workers comp case i am goin to have a permanant injured index or whatever its called of more than 15%. Do you guys think I am an employee and is my lawyer blowing smoke up my ass with the 15%??If anyone has had similar injury id love to hear from you. By the way, I should state that I feel like my lawyer is out for his best interest but i do think he is an extremely smart lawyer who has been practicing for over 30 years.thanks to anyone spending time reading this and commenting.
I wanted to make a side note. It is tuesday 3-24 and i will be lookin at this site for replys for next week so just cuz its been a couple days still post . thank you
There is no easy way to tell.
Who picks the houses?
Do you keep copies of the pictures i.e are they yours?
Can you use them as you want?
do you have a quota? Start and stop time? Salary or piecework? Is he licensed?
Do you work for anyone else?
Are there special requirements for the photos?
charliebrown, I am from Wi so I dont know if laws or rules are the same. I have worked for this company since 1989, and I too file a 1099. And never thought I would get WC but when I was injured a big shot from our company came straight to hospital and talked with wife. Saying every thing is covered under WC, which was great cause I too use my private vehicle for my job. And I also was in a car accident while working, very similar.
I was a delivery driver contracted by a Milwaukee based company. The catch was even though I file a 1099, I deliver their products. In which they gave me a delivery order and loaded products from their local based company. And was told what to do and deliver on a daily routine I was considered an employee.
You do have alot less injuries then I did but never the less you were injured. Now I cant help you on your lawyer thinking you will get that much but sounds a bit high. You wont get rich from wc, but should pay your medical needs.
Just a note my brother inlaw has a rod in his leg from a from a drunk driver. He had to have 2 surguries so far, even though it was not a wc injurie, he only ended up with 4,000 after lawyer and past medical. His lawyer was not out for my inlaws best intrest.
Just a thought...Talk to a few other WC attourneys and see what they have to say. You never know you may need another surgery and you dont want to have to pay for it.
I'm sure someone else will be here to help also, I wish you good luck.............Bronco.....
Please Read My Reply to You in Your Other Thread! If You were Under Orders Of Your Employer when the Accident Occurred, on Their Time, and had a Uniform or Shirt that had Their name on it, or Your Car had a Magnetic or Other Sign with the Co. Logo on it, and if the Camera and Film was the Employers, and the List goes on, Your were an Employee during the Accident.Now if You Sell these Photos to the Realtor from a Shop You run Either at a Business, or Your Home, do it when You Feel Like it, and Bill on Your Co. Invoices for Your Photos and Time, You are a Contractor! My Other Reply gives More Info. on Your Other Thread, I just had to go through this in Pa., and I was deemed an Employee, because I was Under Total Control of the Employer, and had to get My Work Orders Daily! The Tractor of My Rig Bore the Co. Logo, and I Pulled Their Trailers. My Uniform had their Name on it, but I was 1099, Owned My Truck, and had to Pay All of My Own Expenses, including Labor,and I was STILL an Employee because I could not Pick and Choose My Jobs, they were given to Me By My Dispatcher Daily, that Made Me an Employee!! Good Luck!!