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  1. #1
    Join Date
    Jun 2017
    Posts
    8

    Default Denied Claim

    Hi everyone! I'm new to all this so bear with me please. I was injured 8wks ago on a job I had just started a day earlier.i broke both ankles, one was literally tore off hanging by just meat and skin , broke sternum , and my sacrum in 2 places...I haven't received any kind of benefits whatsoever and I'm bout to be homeless with these bad injuries. My lawyer called today and said wc IC was trying to deny my claim because the guy that hired me said I was an independent contractor because I had my own tools but I wasn't, I was hired on like the other employees. ..I'm just wondering if they can really deny me over this lie.please help me

    I broke my sacrum in 2 places , my sternum, and both ankles, one ankle was ripped off hanging from just meat and skin...
    Last edited by done4; 06-10-2017 at 08:15 AM.

  2. #2
    Join Date
    May 2010
    Posts
    584

    Default Re: Denied Claim

    You need to prove your not a independent contractor!....If you are, you needed to supply your own WC insurance.....You need to help your lawyer with as much information as possible, or you will have no case!

  3. #3
    Join Date
    Jun 2017
    Posts
    8

    Default Re: Denied Claim

    How would I prove it

  4. #4
    Join Date
    May 2010
    Posts
    584

    Default Re: Denied Claim

    Im not totally sure, but a great start is how you have filed with the IRS. https://www.irs.gov/businesses/small...ed-or-employee

    Many people go the way of an independent contractor to save money.....But if you overlook things like WC insurance problems just like this arrive....

  5. #5
    Join Date
    Jun 2017
    Posts
    8

    Default Re: Denied Claim

    I honestly was just an employee. ..thank you so much for the info man

  6. #6
    Join Date
    Oct 1971
    Posts
    5,032

    Default Re: Denied Claim

    Consult and retain a lawyer before you take any further action - let him deal with it

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
    Join Date
    Jun 2017
    Posts
    8

    Default Re: Denied Claim

    Thank you !

  8. #8
    Join Date
    Oct 1971
    Posts
    5,032

    Default Re: Denied Claim

    Misclassification is a common tactic used to deny benefits, a good lawyer should be able to correct the problem.
    Here's the law that defines the difference between an employee and contractor.
    The main criteria is the right to control, if you set your own hours, work schedule and pace of work - you may be found to be an independent contractor.

    TENNESSEE
    Misclassification occurs when an employer incorrectly defines a worker as an “independent contractor” rather than as an employee.
    In Tennessee, different agencies are responsible for separate aspects of the law, and those agencies use different rules and tests to determine employment status.
    Workers’ Compensation Tennessee has enacted a statutory test Tenn.Code 50–6–102(10)(D) for workers’ compensation purposes that is used to determine employee/independent contractor status based on right to control principles.
    (D) In a work relationship, in order to determine whether an in dividual is an “employee,” or whether an individual is a “subcontractor” or an “independent contractor,” the following factors shall be considered:
    (i) The right to control the conduct of the work;
    (ii) The right of termination;
    (iii) The method of payment;
    (iv) The freedom to select and hire helpers;
    (v) The furnishing of tools and equipment;
    (vi) Self-scheduling of working hours; and
    (vii) The freedom to offer services to other entities;

    However, in 2011 the Tennessee Code was amended to provide that the statutory classification test shall not apply to construction workers (who will be deemed independent contractors)
    if the requirements of the amended section, Tenn.Code 50–6–102(10)(E), are met.
    “(E) “Employee” does not include a construction services provider, as defined in 50-6-901, if the construction services provider is:
    (i) Listed on the registry established pursuant to part 9 of this chapter as having a workers' compensation exemption and is working in the service of the business entity through which the provider obtained such an exemption;
    (ii) Not covered under a policy of workers' compensation insurance maintained by the person or entity for whom the provider is providing services; and
    (iii) Rendering services on a construction project that: (a) Is not a commercial construction project, as defined in 50-6-901;or
    (b) Is a commercial construction project, as defined in 50-6-901, and the general contractor for whom the construction services provider renders construction services complies with 50-6-914(b)(2)
    https://www.nahb.org/~/media/Sites/N...SEE.ashx?la=en

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
    Join Date
    Jun 2017
    Posts
    8

    Default Re: Denied Claim

    Update! ... lawyer called today and they denied my claim so now we gotta go to some kinda trial , hearing or something to prove i was in fact and employee ...he said it will take monthes ...broke with nothing , don't know what to do...

  10. #10
    Join Date
    Jun 2017
    Posts
    8

    Default Re: Denied Claim

    Has anyone else on here been through this and what happened? ??

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