Real good one today.. involving workmans comp!

Discussion in 'Lawn Mowing' started by mrusk, Jan 6, 2006.

  1. mrusk

    mrusk LawnSite Gold Member
    Messages: 3,260

    This is a good one. I have no employees. I work solo. I do not have workmans comp. I cut this one guys lawn who is a general contractor. I mail the bill to him personally. He mails me a check always from his business account, normally 2-3 months late. He calls me this morning and tells me he is having his insurance audit today and needs my certificates for my liablity and workmans comp insurance. I tell him i have no workmans comp. He gets it all pissed off and yells at me. Tells me its part of doing business and a bunch of other stuff. Says i just costed in 11 bucks out of every 100 he paid me. So around 150 bucks total. Say i will have to work it off in the spring and if i don't have w/c next year i have to take off for what he would have to pay for the w/c.

    I didn't say much to him because my head was spinning because i could not belive he was blaming it on me. Am i wrong here?
  2. DLCS

    DLCS LawnSite Platinum Member
    Messages: 4,386

    Do you have to have WC in New Jersey if you are solo?
  3. Ol'time Lawncare

    Ol'time Lawncare LawnSite Senior Member
    from NJ
    Messages: 497

    In the state of NJ you must have a business license and liability insurance!
  4. mrusk

    mrusk LawnSite Gold Member
    Messages: 3,260

    I have liablity insurance 2mill and i am a licensed business and a licensed NJ home improvement contractor. In NJ you are not required to have W/C if you are solo.
  5. 1MajorTom

    1MajorTom Former Moderator
    Messages: 6,073

    He shouldn't have been mailing in his payment to you 2 or 3 months late. That THERE is ridiculous.
  6. Ol'time Lawncare

    Ol'time Lawncare LawnSite Senior Member
    from NJ
    Messages: 497

    nope only if you have employees!!!
  7. kc2006

    kc2006 LawnSite Silver Member
    Messages: 2,443

    I'd get rid of him. First off, you said he pays 2-3 months late!?!?! That right there would be GONE. If w/c is not required then your not in the wrong. You aren't in the wrong at all.

    I'd also tell him to stuff it about working off the 150 that you "cost him"
  8. scaglawnsnj

    scaglawnsnj LawnSite Senior Member
    from nj
    Messages: 435

    lets see, if a fella called me asking for my insurance cert. I would tell him to **** off. unless it was a commercial account. From what I see here, is he might be trying to 10.99 you on his taxes. Thats what contractors do...And in order to 10.99 you as his contractor, he has to prove you have insurance and workers comp...Personally I would lure him in a dark corner and knuckle up his face.. I hate shady contractors, I was a victum of one..3000.00 later
  9. Soupy

    Soupy LawnSite Gold Member
    Messages: 3,125

    He is trying to claim you as a sub contractor for his business. When all you are doing is selling him a service to cut his personal lawn.

    His Insurance audit should only pertain to his employee payroll. You do not work for him, or sub contract work for him. You are simple a guy that sells him your service to cut his personal property. You have no ties to his business. If he works out of his home then he may be able to deduct a percentage of the lawn care, but that's it. I bet he is wanting to 1099 you and I wouldn't file any taxes before February just in case he tries to sneak one in on you.

    Disclaimer: I am no lawyer, accountant, or insurance agent. Take what I say as face value.
  10. mrusk

    mrusk LawnSite Gold Member
    Messages: 3,260

    Yea thats what i am saying. The guy pays me out of his Business account to gain another right off, then it comes back to bite him in the ass, so he blames it on me.

    I know for a fact i am not required to have w.c.

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