In my opinion, you need not absorb the loss as you should have some rights here. Whether you want to exercise those rights is up to you.
In most States, the owner of the company must carry workman's comp insurance if they have more than 4 or 5 employees. If the Owner has less employees, the Owner is not required to carry WC but is still liable for injuries. Status does not matter (Contractor or Employee) unless you sign a waiver, which is not even legal in Texas anymore.
It is likely that the Owner has to carry a WC policy in order to get a contract with a Prime or Sub.
You can file on the Owner's policy or if no policy, you can seek relief from the Owner. If the Owner has no WC and is smart AND responsible, the Owner will make an offer of a settlement to you in exchange for a release.
Or you can just blow it off and keep working in this relationship without risking losing the work.
You also might want to call an attorney. Many specialize in WC cliams and can give you the absolute facts. Since you have been sitting around all day, surely you have seen some Attorney commericals on the subject. Give them a call!
Frank Anderson
Innovative Marketing Systems
A Factoring Service Company
(See Advertisements This Site)
Re: Am I Liable
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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