DELIVERY MAN DOWN

Driver wrecked on scooter, broke wrist missed one day of work, owner has no insurance. Owner has problem paying $550.00 hospital bill.Driver is paid cash, is he covered by workers comp in fla. what should owner do and what can driver do.

thanks,

anyone who has first hand experince please help.

What owner should HAVE done was get insurance, what driver could do is sue owners a$$ off. Are you kidding me?

What can the driver sue for, dosen’t he need money to hire a lawer?

Can he be fired? The store is 3yrs old and is now doing $1,500.00 a day over 50% profit. A good lawyer can be hired to defend the business. Could the driver sink the business?

please help ASAP

Owner should man up and pay the hospital bills as well as reimburse the drive for any lost time. The owner needs to understand that the Florida Department of Labor will shut him down as soon as the driver files a claim, until they secure a workers comp policy. When all is said and done, if the owner wants to chance losing a weekends(or longer) sales over a $500 claim then the driver probably doesn’t have much to go after. But still, if I was the driver, I would get a workers comp attorney which in Florida there is no retainer for and no part of the payment comes from the settlement. He would have plenty of attorneys fighting to get this case.

Personal injury lawyers are a dime a dozen. Ever heard of google.com? Just type in job related injury lawyer. They will all work for a percentage of the fat settlement they expect to get.

Sure, just check the google page above for wrongful termination. The lawyers would love to ad that one to the case.

50% profit? I believe that about as far as i can throw big dave. And besides what kind of rocket scientist is making a decent profit and not paying for insurance.

Besides not paying for both insurances, you are not paying TAXES on the payroll as well which will get you screwed if they go to the labor dept

Okay, here’s the scoop:

Paying an employee under the table is illegal. It’s a practice that should have never been started. The Federal government gets pretty pissed if they found out a business owner isn’t reporting accurate wages and paying accurate payroll taxes.

Having insurance prevents things like this exact incident from happening. I recommend you re-think your stance in having insurance. If you’re doing $1,500/day and making 50% profit, that’s $750/day. Insurance doesn’t even cost that much a MONTH and you’re are completely covered for any scenario that could ever come up.

So, now that we’ve gotten that straight, let’s get to the task at hand:

You had a driver working off the clock and got injured…

Now listen, this is just advice to your situation and I don’t recommend this to anyone…

Pay his medical bills. Offer to pay him 75% of the salary he WAS making before the injury for an agreed on time frame between the two of you. Once he gets back to work let him know you can’t practice the “working off the clock for cash” thing because… well, because it’s illegal. Tell him you don’t care if he doesn’t mind or not, it’s cheating the system and if you get caught it won’t be good. THAT is how you can quietly get out of this situation only losing a few hundred bucks. YOU DO NOT WANT TO FIGHT THIS! There’s only one thing you can get out of fighting this and you don’t want that, 'cause it’s a whole lot of trouble.

In the meantime, get all the employee paperwork together and make sure it’s up to date. Go to some insurance companies, get quotes, find the right one for yourself, and GET INSURANCE! My God man, look at everything you could lose if there were a fire or a hurricane (since you’re in Fla, and they’ve got enough of them) or something. Isn’t it worth it to pay the $600/month to make sure you’re protected from any possible thing? It’s a cost of doing business, just like electricity. -J_r0kk

Guys, the DRIVER is who we’re talking to here.

When you file workman’s comp and find out you’ve been paid under the table, you are in almost as much trouble as the employer.

The owner needs to pony up for the cost of the bills and lost time.

just went to work and he said he got another driver. he said i was fired because he was tired of it. he said after i asked him to pay the hospital bill, that was it he cant take it any more. No job no money for a doctor next week.

Can anybody help???

Okay driver, what’s the real scoop here? There must be some reason you and your boss both wanted your pay to be under the table. He liked the cheap labor, and either you have garnishments against you ( childs support etc.) or you just got plain greedy just like your boss. I’m guessing he knows your hands are tied and that’s why he threw you out with the trash. Since your not willing to blow the whistle on this guy, maybe you cut your losses and get a legal job. An anonymos call to L & I could give you some gratification. Then again you could be yanking all of our chains and having a good laugh, CAUSE NOBODY CAN BE THIS STUPID, (can they)?
Tom

Dont have any garnishes and no kids. Just completed and sent complaints to workers comp fraud, attorny general, and health department, with others to follow. I broke my wrist and just want to be able to pay my bills.
This is no joke and I dont know what L & I is, Iam asking for names of agenicies and phone #s for legal recourse. Is anybody humane in the business world?

the “driver” is holding all of the cards on this one.

as far as the irs/state tax board is concerned, all he would have to do is claim that he thought his wages were being taxed - a simple “gross up” calculator would allow him to come up with an hourly rate that would net out at the pay he received.

but, honestly, this story sounds entirely fishy - i find it impossible to believe that an employer not paying payroll taxes and not paying workers comp would tell an employee injured on the job to take a hike. heck, even if an employer carried wc, he/she would most likely fork over the $500-$1000 for medical bills rather than submit the claim…

another thing - most (all?) states cover work related injuries even if the employer does not carry workers comp. the state pays the bills and then goes after the employer for reimbursement plus fines and penalties for not carrying insurance. just contact the labor board and tell them you were hurt at work but your employer says that he isn’t covered - you will get your bills paid and your employer will be in a boat load of trouble - unless he can convince the labor board that he never heard of you…

It sounds fishy, thats why he is earning 50%, he is using the system and his workers to his $$$ advantage. How would you handle this situation if you were me? I found this site in a magazine in the store and its a good medium of communication, I just want honest information from a person who has any knowledge of a similar nightmare, that i could use to my advantage, its that simple. How would you help if this happened to your brother or son?

Was he hurt while on the clock? Was it the business scooter? Was it his own vehicle?

It sounds fishy, thats why he is earning 50%, he is using the system and his workers to his $$$ advantage. How would you handle this situation if you were me? I found this site in a magazine in the store and its a good medium of communication, I just want honest information from a person who has any knowledge of a similar nightmare, that i could use to my advantage, its that simple. How would you help if this happened to your brother or son?

who are you? “kind with the 9”, “the driver” or the “guest” that has been responding as if one of the above?

Mr. Driver,
L&I is “Labor and Industries”. In my area it is the state agency that polices the work place. Now, I don’t know how things work in Fla., but you could figure out what you have made working for this guy, and calculate your taxes, and plan on claiming your wages at the end of the year with the IRS, and possibly State ( we have state taxes here). You should understand something about your feelings on our responses. If this story is real, you AND your boss acted extremely irresponsibly with the under the table thing. The people who contribute their time here are professionals trying to help each other and offer advice to others who ask for help. You may not like it, but to us, you and your boss are the kind of people that hurt our businesses while we are legitimate business people trying to make a living the honest way. It’s a slap in the face.
What I meant when I said your boss must know your hands are tied was, it sounds like you are on FBIs most wanted list of tax evaders, or else he wouldn’t sabotage his business by telling you to take a hike.
You do have options if you want to make it right, and it sounds like you have gotten the ball rolling, just be prepared to take your lumps too, because to the authorities and the tax man, you are an accomplice who is ratting out his partner in crime.
Tom R[/i]

OOPS! that last comment was me, Tom R. forgot to log in.

Do you not have contract drivers? I donr do it but some of the places around here have delivery people that buy the pizza from the store then sell it to the customer the store pays them 2.50 each time its like hireing a delivery company, so you are not responsible for what happens. Could he be classified as a contract driver?

Okay, time for my two cents:

Sounds like your “employer” is using you as contract labor. Did you have an agreement with him when you were hired that you would be getting 1099 form at the end of the year? A 1099 is filled out by persons not employed by the employer, but HIRED by the employer. Here’s a couple simple questions:

  1. Are you put on a schedule?
  2. Do you get paid hourly?
  3. Do you get a paycheck?
  4. Do you have withholdings on any check received from your employer.

If you answered “NO” to these questions then you are considered “contract labor” and are responsible for paying your taxes… but you’re also not covered under the pizzeria’s insurance, because you’re not an “employee”. Here’s the IRS’s stand on contract labor:

6.7 Contract Labor

Accurate determinations of employment are very important to Tax Department operations. Each determination of employment is considered separately. When an Employer misclassifies their workers as contract labor the commission loses tax money. In addition, the worker is denied benefits to which they might be entitled.

Unfortunately, it sounds like you’re up the preverbial creek without a paddle. I wish you the best of luck with your endeavors. Let us know what happens in the end. -J_r0kk

P.S. PMQ stands for Pizza MARKETING Quarterly… I don’t know the website of Pizza LEGAL HELP Quarterly