You can try this site: http://www.dli.state.pa.us/landi/cwp/view.asp?a=138&Q=58670&landiPNavCtr=|#1045
and scroll down to "LIBC-760 12-97" entitled, "Employee Verification Of Employment/Self Employment" which may be the form you need. Or just call 1.800.482.2383 if in Penn or 717.772.4447 if outside Penn and ask for the appropriate form for your situation, if one exists. I tried to download the form but had no luck.
I am not an attorney and not qualified to give or charge for legal advice. That being said...
It is my understanding that waivers don't really protect you from litigation personally in the case of an injury on the job and may not even be valid if challenged. At least not in Texas. Also, almost impossible to get a contract in the Cable/Telecommunications industry without proof of WC coverage for everyone involved in the project. Make sure that the sub contractor can show you proof of WC coverage for themselves or if you are only trying to save costs, deduct their share of WC coverage from their disbursements and put that in the Contractor Agreement you have with them. And don't forget the W-9 either.
It is very rare, but any sub contractor individual can easily challenge their contractor status by filling out an SS-8 form with the IRS. Contractors can also file for State unemployment claiming they are employees and a Contractor Agreement won't always protect you from the jaws of the socialist bureaucratic beast with soft pink hands who have nothing better to do than figure out ways to screw you around. Then you're stuck not only with having to cough up your share of FUI and Social Security, but the State will investigate you too wanting your payments for State Unemployment and the State taxes you were supposed to withhold. A huge potential nightmare. Not to worry though.
Most small contract companies routinely ignore this peril because not only do they want to remain competitive in pricing, but individual subs are almost never aware of what their rights are and even if they are, usually have something to hide from tax authorities. Filling out forms such as SS-8s in an effort to change work status only flags that individual for an audit. States may follow suit as well and audit that individual. And you may be out some money and experience some hassle, but the individual who tried to change their employment status who is not squeeky clean in their tax reporting, if they bother to report at all, may end up in an Administrative Agency criminal court, State and Federal.
Re: Work Comp Waivers
Member #: 22668
Registered: 3/29/2003
Posted:
107
Name:
Frank Anderson
Name:
Frank Anderson
Company:
Innovative Marketing Systems
Occupation:
CFO
Location:
Dallas, TX
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