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Alright, so this is how the story goes.
I found some people to help me move some stuff from my business to a friend's business. The movers I hired do not represent a company nor are they my employees. The work was about 2 hours and I paid them in cash. One of the workers is now claiming he hurt his back while moving and had to take an ambulance to the hospital. He's now requesting we pay his medical bills or he'll go to a lawyer and sue. He called an ambulance later that night and not while doing the actual work.
My question.... Does he have a case? How should I proceed from here?
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yes there is potential liability.
contact your worker's comp insurer.
coverage rules vary by state.
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he's not an employee. the items he was moving were personal items and not business related. i would hardly call him a independent contractor. everything was done under the table. i suppose you could say he's a day laborer. i suspect he's done something like before. when he talked to me, it's almost as if he reading stuff off. will workers comp still cover this?
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01-12-2016, 02:20 AM
(This post was last modified: 01-12-2016, 02:30 AM by 1171.)
Coverage varies by state; you didn't post your state.
If he,s not an employee then comp won,t cover the claim.
Neither the employer nor the employee determine their status or own liability.
Hopefully you can present abundant and persuasive evidence to the court that you didn't hire or employee him.
But Be careful what you argue for:
If he,s an employee then you are protected by work comp; if not then he can file suit in civil court.
You,re making it personal.
let your carrier handle it; they deal with it all the time.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
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Posts: 10,784
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Joined: Apr 2007
glad i could help.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.