Hurt While Working - No Workers Comp

[darklink28]

I'm in Florida.

Hi all.

I have been working for four months at this place as a transcriptionist. Almost two weeks ago, I was working and all of a sudden my shoulder started hurting uncontrollably. The place where I work doesn't let you just take off hours, so I informed them that my shoulder started hurting really bad and asked them if I could go home and come back later to see if it felt any better. I come back and start typing, and it still hurts really badly. I tell them that I can't work because of my shoulder. They tell me that I need to get a doctor's note, or I have to work my hours because they won't excuse it unless I get a doctor's note. Ironic, because they don't offer insurance or anything like that, so it really was a catch 22. I went in to make up an hour the next day, and the same thing happened, so I told them I can't work because of my shoulder. I took a few days off, and it still wasn't any better, and I went to a doctor...which thankfully didn't cost too much. I still don't know what's wrong, but almost two weeks later and it's actually gotten worse. I literally cannot do anything with my arm. I feel like screaming the pain is so bad. I think it's a torn rotator cuff, but I haven't gotten that confirmed yet.

So here's the thing. The place where I work doesn't have any worker's comp -- the office manager actually kind of made fun of me for possibly tearing my rotator cuff from typing...although the wear and tear of it over a long period of time can do it though.

They consider me to be an independent contractor. They pay me by the job. I set my schedule, but the schedule I set I am locked into. I cannot change it after two weeks in advance. I have to go there to work. They provide the computers, chairs, work spaces, etc. It's their office. They provided me training while starting out. They have at least 50 "IC's", probably more.

My question is...legally, do I have any ground to stand on? Are they incorrectly classifying me as an IC? I think what happened was I was on a chair that was a little low, because all the chairs are different -- it seems like there's no standard, and the chair wasn't adjustable. They never told us anything about safety, about how to sit properly, how to use proper posture, etc. I always thought I used proper posture, but when you're sitting there for 6 hours at a time, it's difficult. Again, until I get confirmation from the doctor I don't know...but I'll probably have to get an MRI to get a diagnosis, and I don't have the money for that...

Thank you for taking the time out to read this.

[Bad Boy Bad Boy]

My question to you is. Can you show a relation to your shoulder as being proven a work injury. For all I see is your saying your shoulder hurted, then hurts more. You didn't say you injured it, and filed a injury report.

So am I missing something here?

[darklink28]

Well, until I get a diagnosis I don't know. I do know that my shoulder started hurting while I was working. Up to that point it had never hurt like this before. I can barely move my arm right now, and it hurts, a lot. I didn't do anything outside of work to cause an injury like this, and this happened while I was working.

I haven't filed anything because they don't have workers comp. They consider me to be an independent contractor, therefore they'll claim they are not liable.

The thing is this. I've been unable to work for almost two weeks. And my shoulder has only gotten worse. I have no other income stream.

[1171]

You have 2 problems to solve: do you have a work injury and are you an employee. either or both will likely have to be resolved by the comp court. You should discuss your situation with an atty.
you can also contact the ombudsman as they might be able to advise as to whether the employer is in compliance with the comp laws
http://www.fldfs.com/wc/employee/eao.html

[Bad Boy Bad Boy]

I understand about your shoulder, but, if said employer did have W/C Insurance, you have to show a relation of injury to work. In your case, you need your doctor to perform this. I had heard doctor's state how would they know if it happened at work or not? Things can happen.

So you should do what 1171 states to do first... Good Luck...

[Bad Boy Bad Boy]

http://www.fldfs.com/WC/employee/amicovered.html

[1171]

being an employee or not has nothing to do with getting a w-2.
employers claim independent contractor status all the time to avoid comp insurance. it's the most common scam out there.
DO NOT depend on the employer making the right decision on your status.
there are any number of situations where you are an employee under state comp laws but are not required to have a w-2 under federal IRS rules.
Federal tax law does NOT control a states work comp laws.
http://www.postchronicle.com/news/origin...3284.shtml