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I am an independent contractor that didn't carry workers comp during 2013. Now a job site of mine is refusing to pay me.

Indian Trail, NC |

I started a new project for this company 3 days ago. I finished today and when I went to collect for services rendered, they asked me for my proof of workers comp for all of 2013. I told them I couldn't provide that cause I didn't have workers comp in 2013 but that I could provide 2014 for them. They are now telling me they will have to take out workers comp for all the jobs I completed for them in 2013 from this check they owe me. From all of the jobs I completed for this company, there has never been an accident or any incident of any kind. Can they legally take out workers comp from 2013 from this check they owe me when I'm an independent contractor?

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Attorney answers 2


It depends on what the written agreement says. They can od it IF the agreement calls for this.


If your written agreement with them provides for this, then you may have to pay. But if there is no written agreement on the point, then you probably should not have to pay it. But lawyers here on AVVO are just speculating about the answer, because none of us have all of the necessary information to give you a definitive answer. I do not think that there is anything in the Workers' Comp Act that would require you to pay them after the fact. It is likely going to be determined by whatever is in your contract with them.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.