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Worker's Compensation Information about worker's compensation claims process and worker's comp benefits.

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Old 02-28-2008, 04:38 PM
justcallmedoc justcallmedoc is offline
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Default No Workmans Comp
my wife works @ a place in indiana and is 1 of 3 employees of the company.. the company does not carry workmans comp on any of them.. she is a secretary and the other 2 r mechanics.. what the company is doing is illegal i suspect.. the company gives out 1099's @ the end of the year instead of w-2's because he says they (my wife and the other 2) r independent contractors and he doesn't have to have workmans comp on them or take their tax's out.. which also means he is not paying his share of social security or medicare.. just would like some feed bak on this..

ty, doc

Last edited by justcallmedoc; 02-28-2008 at 04:39 PM. Reason: spelling
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Old 02-28-2008, 06:29 PM
4eyedbuzzard 4eyedbuzzard is offline
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Default Re: No Workmans Comp
Well, if they tell her when to report for work and what hours to work they are probably employees under IRS and Indiana WC statutes.

http://www.irs.gov/govt/fslg/article...110344,00.html

Also note if he is mistakingly/illegally treating employees as contractors he has most probably not paid social security, unemployment, etc, either.

Here's the IA WC statutes

http://www.state.in.us/legislative/ic/code/title22/ar3/

They're are exceptions as to who must have WC insurance and they vary by state. Your wife can filre a claim by herself, but realistically you're probably going to need a local lawyer to handle a claim with an employer who doesn't comply with the law.
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