Workman’s COMP “Settlement Conference”?
My husband was hurt by at work and almost dued one year ago. We are fighting the company’s worker’s COMP insurance as well as the libality insurance. The problem is, my husband never recv’d payroll cks, always pd in cash. Now we have to prove that my husband was in fact an employee. We just recv’d notice from Workman’s COMP that a “Settlement Confernece” is scheduled. We also got another notice from Workman’s COMP of a “Trail of Merit” being schedule after the Settlement conference. What does this mean? Does this mean if we cannot come to a “Settlement” amount, then our case goes to trial? What does “Trail of Merit” mean??
OK…Yes, we have filed our taxes and included all monies that my husband has made. We found out (after the accident) that the company did not have worker’s COMP and libaility ins on none of the employees. We figured the company was trying not to pay labor costs & higher insurance costs. We also found out that this company has doctored the books to show only a partion of the acutal company earnings (so the company wouldn’t have to pay more taxes). This just goes to show you how much you really need to know who you are working for. The only proof that we have is one of the former owners saying “Yes” he was an employee and the 2nd is the current owner has stated that he was an Independant Contractor. Which is stupid on his part, b/c you still have to carry workman’s COMP ins on Ind. Contractor’s. PLUS…my husband did not work as an IC. All of the definations of an IC do not meet how my husband worked. He even clocked in everyday on a timeclock.
I do have a federal WC attorney.
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after some research trial of merit means unless you have proof that indeed he did work there,they will say he didnt and that you are just trying to get some money which is illegal
I agree with prior post. This should not be a big deal…just show your tax forms that show the taxes he paid on the cash and you should not have a problem. If your husband did not legally pay taxes on these amounts than you may have an uphill battle on your hands
I hope you’ve hired an attorney who specializes in Workers’ Comp cases because it sounds like his employer was paying him either “under the table” or as though he was a private contractor. Being paid in cash is also a way for people to avoid paying income taxes which is a fine way to shoot yourself in the foot since you can’t prove you were employed. An attorney is going to insist on some “discovery”, which will include looking at your employer’s records as well as taking depositions of certain key individuals. You are not up to conducting these forms of investigation on your own. If you don’t already have an attorney, you need to consult one immediately.
Trail of merit means, trying to establish if he really was employed by these people or not. It’s not an issue about subcontractor/employee, it’s really an issue of, was there any relationship there at all.
Here’s some info on the sub/employee bit, you might want to read: http://www.twc.state.tx.us/news/efte/appx_e_twc_ic_test.html
I’m hoping he has an attorney. If not, you should definately get one, and I’m not quick to recommend taht sort of thing.
Regarding the trial . . . has WC accepted this claim? Or is the claim itself in doubt? Have they paid any medical? There’s really not enough info here . . . but if the claim is accepted already, then you don’t need a trial. If it’s NOT accepted, and you can’t come to an agreement at the settlement conference (which should include medical and lost wages for the time he couldn’t work), then you’re most likely looking at, if not a full trial, then at least a hearing.
Your attorney should be able to explain both of these things to you, however, you did mention one thing that is of concern to me. You mentioned he did not have Worker’s Compensation at the time of the accident? If this is the case then no Work Comp policy in the world has to or will pay for his injuries. If this is the case then you are, in fact, suing the company for his money.
The Work Comp administration could very well be overseeing this whole situation which is a good thing for you because they always lean towards the employees side. Just show any proof that you were an employee and your tax records and this should help you get the money you need for his medical bills plus a percentage of his normal salary while he was out of work.
I hope this helps a bit, good luck!
Wife, no employer is required to carry WC insurance on a legal
independant contractor. You are suing the employer for the loss
here because there was no WC coverage. Therefore there is no WC
carrier to accept or deny the claim. (did you read that part other
responders?) You should have a WC attorney familiar with claims in
YOUR STATE, why is this a federal claim/action? “Trial of MErit”
means just what has been provided, a determination by a judge
whether or not your claim for benefits, or recovery of your losses
is of “merit”. It would be helpful if you would provide your STATE
of residence. All laws are state specific. From what you posted,
this is not a federal court issue.