how do u handle a contract where you are a independent contracter for 3 years in which the people in the contract are supposed to have u on there insurance for those three years. and i paid a surcharge every day for those three years for the insurance then after a accident i found out i was never on the contract.

CaptainForest

Sounds like this company is legally responsible for you then.

That is, send them your medical bills and whatnot and they seem to have to pay for it.

They probably wont, and then you will have to sue them, but it sounds like they are responsible. After all, they took a surcharge from you for 3 years.

verlinll

yeah what about all the money i paid them can i sue them for bad faith i was fired after the accident

verlinll

yes they did cpt thanksbeing a contract could a person sue for breach of contract like for all the other money they received from me

CaptainForest

There are so many options to that question.

They can keep the money, and they are on the hook for your medical bills.

The fact that they fired you…I am assuming they gave you some sort of severance pay for wrongful dismissal?

And, where do you live. In some places, they can’t fire you for a disability (that is, being injured on the job might fit that category). I know here in Ontario, you can’t lay off an employee while she is on maternity leave.

CaptainForest

What kind of contract was it? An open contract, fixed?

And were you really an independent contractor or rather an employee? There is a litmus test to determine that.

CaptainForest

The Litmus test to determine Employee vs. Independent Contractor:

Note: This does vary a bit from place to place.

You perform the control test first. Afterwards, if you can’t get a clear answer, you move on to the fourfold test. However, if the control test gives you a clear answer, you stop.

CONTROL TEST:
1) Who chooses the worker?
2) Who decides how payment is made?
3) Who decides how the work if preformed?
4) Who disciplines the worker?

Fourfold Test
1) Who is in control?
2) Who owns the tools?
3) Can the worker make a profit?
4) Does the worker take a risk?

Organizational Test
1) Is worker inseparable part of the business?
2) How integrated is the worker in the organization?

Fr_Chuck

I would like more information on this.

1. What type of accident
2. What type of insurace
3. What type of work was this

Normally when you hire an independent contractor they are just that, independent. They do certain jobs and charge or bill the other party for those services. The person hiring them does not furnish any types of benifits.
There are some people like insurace sales people who are called "independent contractors" they are given 1099's but they are in fact closer to employees, since they can't work for anyone else in same business, they can be hired or fired, the company hiring them trains them and furnishes them healt insurance and even retirement plans.
They could not provide auto insurance, since you own or control your own auto.

They can not really provide medical insurance since this requires you be an employee

They could provide a proformance bond, and would perhaps cover you for porduct liablity and there are cases where if you don't have workers comp coverage, they will contract with thier insurer to cover subcontractors.

Normally the main company will merely require you to furnish them copeis of your workers comp and workers liablity insurance before they will hire you.

So if you explain this in more details I beleive you will get much better answers