South Carolina Worker's Compensation - Help For Injured South Carolina Workers

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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default 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?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default 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.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,050

    Default 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

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