I am wondering what you all think of my idea. Given the current job market, its clear that none of us will be finding a job. I have had a number of people telling me I should start my own buissness doing horse farm related things.I could not do a lot of the labor involved, but I have the knowledge and equipment.It would cost me $O to get started and I already have 3 people waiting for a response on doing work for them. I have a handful of guys that would do the labor that I cant do.I have a hearing set for next month for which my atty says I have already won the case, we just need to face the judge.I have been told that my former ER will not agree to a lump sum settlement.If I am awarded a weekly amount, how would running my own buissness affect that? Should I be sleezy and say that the company only pays me $100 a week, but pays my wife whatever the company really brought in? Would starting my own company release the IC from any wage issue at all? Anyone at all with any thoughts, lets here it. Thanks
Fencer,
I don't think that running your own business would affect your WC. If you win your case and are awarded weekly/bi-weekly/monthly payments, then your case is settled, and WC has no claim against your income. After all, isn't their goal to get us all back to work while spending the least amount ?? And if you are just running the management part of the business and not the labor part, then you wouldn't be breaking any restrictions that you may end up with. Even if you go to the job site to oversee, what can they do about that??
I say go for it if that is what you want to do. But I would wait till you have at least settled the claim in full, so they can't try to pull any rabbits out of their hat and claim you don't need the money they would give you.
Angel ^j^
Thanks UA, If I am awarded weekly payments (lets say $500 per week) can't the IC reduce that if I am earning wages? In other words, if I am awarded $500 and they can prove my buissness pays me (lets say $300) then they would only need to pay me $200 right? If thats the case I would be o.k. with that, because thats a gaurantee that I will make at least $500 per week (not actual numbers).
Nope Fencer,
Your settlement award is based solely on your disability percentage at time of settlement. Even if you were working as an employee for someone else, your wages don't come into play when your award is figured. As long as you don't go outside any restrictions that you are given at the time of settlement, you are able to go back to work and earn a living.
The only time that wages come into play is when you are collecting temporary wages while your injury is being cared for. If you work part time, then WC deducts your wage amount from your weekly/bi-weekly checks, as you are only allowed a certain amount per WC. Generally along 66 and 2/3rds of your gross wages. Some states do allow for a different amount such as Texas. I will get 75% on my TIB's (temporary Income Benefits) as my hourly wage at the time of injury was $8.30. If it had been above that, I would receive 70% of my wages.
Hope you understand what I am trying to say.. no meds..no sleep..RSD makes me one confused
Angel ^j^
I believe UA is correct, but why on God's green earth does it matter? If you have the ability to work, to run a business, to be your own man, to be a productive member of society, all within your restrictions, is there even a question here? Would you willingly choose to not work if it lowers what you can make sitting on your fanny?
In response your question, "Should I be sleezy?".... I believe if you think about that long and hard the right answer will come.
Ace, I do choose to work, that is why I am asking about this. If you look at my thread from last week "who has a job", you will see that almost everyone on this forum is still not working! I do NOT want to sit around doing nothing because I cannot get hired elsewhere. However, I don't want to do my own thing and get screwed because of it. As for the sleezy part, my sleezeball former employer "made a mistake" when reporting my wages to WC and I have been shorted over $300 a week because of it. So I have thought long and hard about it and feel I deserve a little "revenge screwing" is in order.I was awarded $120 a week in partial permanent payments that should have been $570, yet I did not persue welfare, food stamps or any other type of state aid, so yes I feel I already am aproductive member of society!!
Again, I do not see how you get screwed "doing your own thing", even if there was a trade in revenue - except that one scenario would require you to work, and the other would not. I still believe most people would choose work if they could.
The "right" thing to do would be to go fight for what you are entitled to under the law. If your "sleezeball employer" did not report proper wages than that should be EASILY rectified by a competent attorney. I assume you have paperwork to verify what you were making. Throw some payroll records at them and see what happens. IC's can get fined heavily for this sort of thing, even if they don't know the wages are wrong, so I don't understand why you haven't fought that harder.
I personally don't believe two wrongs make a right. I would still want to be able to face myself and my family knowing that I did not stoop to that level.
Fencer sounds like your in a situation, I would personaly wait until things are settled. I would seriously try to get back those lost wages owed to you (if possible).
I think after your all settled in It becomes a question of is it worth it. If it would cause less money from wc and make you misserable then I wouldnt. But even when I got hurt my lawyer asked me if I wanted to ever work again. I told him right out I am only 38 if I am able I will work, it means alot being able to get out and do somthing productive. But being productive even at home is more then many can do.
I do understand where you are comming from, I dont see why it would effect your income, but you never know.......Good luck.
Thanks, My atty keeps telling me not to do anything untill we have settled. The lost wages thing has really irked me. When the judge ordered the IC to pay me $120 per week based on past wages of $520 and an earning capacity of $320, I thought o.k. $520 is what I was taking home from my full time job. I did'nt really even think about it untill a couple months ago, I asked my atty why the wages from my part-time job were'nt added and he said we will bring that up at hearing. Then I asked about the $520 being take home pay and not gross, he said I would need copies of all my paystubs to fight it. Well fortunately for me the atty for the IC caught this mistake and brought it to everyones attention. The hearing next month was already scheduled so my atty says we will hit everything all at once.So I guess the best thing for me to do is wait untill the hearing and go from there. My atty has told me that the IC wants to settle before the hearing but ER wont let them. Anyone know why the ER would have the right to block the IC from settling?
are you sure it's a carrier and not a third party administrator?
they could threaten to move their policy to another carrier.