I work for a company as a 1099. I use all their tools, van etc. And they take me 10% from every paycheck as WC. Is this ok? I didn't see any WC document under my name. I am not sure if my money goes where it shold go... What can I do?
• South Carolina Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.
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Junior Member
Deductions from Independent Contractor's Pay for Worker's Comp
I work for a company as a 1099. I use all their tools, van etc. And they take me 10% from every paycheck as WC. Is this ok? I didn't see any WC document under my name. I am not sure if my money goes where it shold go... What can I do?
Senior Member
Re: I Give 10% from My Every Paycheck As Wc. I Am 1099. is That Allowed
If you use the "employer" tools, they tell you when to come to work, what job to do, how to perform the job....you are NOT a 'independant contractor' but a "employEE".
If the SC stautes permit the "employee" to contribut to WC coverage... that's ok, but if injured on the job, your EMPLOYER is liable for the WC coverage....not you.
You need to discuss this with a WC attorney, or employment law attorney.
Senior Member
Re: I Give 10% from My Every Paycheck As Wc. I Am 1099. is That Allowed
You are getting screwed. Go talk to a lawyer.
The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).
Bob Bollinger, Attorney at Law and Board Certified Specialist in NC Workers' Compensation Law, Charlotte, NC
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