now I really wanna hear your story. Seriously it doesn’t sound boring at all man. Ya can’t keep us hanging like that. We’re you the receiver or giver of the beer mug to the face when your insurance company settled on a lawsuit against you? I ain’t tryna ruffle feathers I’m just really interested in hearing your story. Lol
Haha it's very boring and doesn't involves crazy bitches or beer mugs.
Employers will basically do whatever they can to keep guys off of their payroll to avoid liability and to keep their payroll amounts down since general liability, payroll taxes and workers compensation insurance are all calculated on a percentage of payroll basis. I'm sure they think, like everyone thinks, that if someone isn't on their payroll (they're 1099'd as a "subcontractor") and they get hurt on the job than it isn't their problem because they're not technically on their payroll. But in PA there are laws specifically designed to keep that from happening.
I know that because about 3 years ago a competitor of mine got a subcontract they had no business attempting to perform in NW PA and needed me to come complete it for them. The company they were subcontracted under could've left them off of the hook but decided not to for whatever reason, so my competitor was stuck dealing with me.
In the PennDOT realm, you cannot subcontract out more than 50% of any contracted value of any work that you have with PennDOT, so me being a 2nd tier subcontractor under my competitor was ruled out because they were going to have to write me a subcontract for a higher amount then the total value of their original subcontract with the prime (they fucked up big time).
Because of that I had to "lease" them my equipment and all of my employees "became their employees". It was sweet for me because it locked all of my profits in and they were going to be liable for any unanticipated payroll overruns. They were also responsible for paying in any workers compensation and general liability premiums for what were technically now their employees.
One of the employees injured himself on a Sunday and hid it and made it look like he was injured on the job on Monday, therefore creating a workers compensation claim. My competitors WC carrier denied the claim which forced the employee to retain a personal injury attorney who sued both my competitor and my company (my competitor's WC carrier knew this would happen). Although he was on their payroll, since I had given him verbal direction and a set of engineering drawings at one point, he was also "under my direction", therefore I was considered to be partially responsible for the injury.
My WC insurance carrier and my competitor's WC carrier split the claim out 50/50. I had witnesses claiming the injury took place during non-working hours but like I said, insurance companies don't give a fuck. They always settle no matter how flimsy the claims are.
If AR15 does this, the night club is going to have serious issues because 1) they will end up paying the claim 2) it sounds like they were paying him under the table. The PA Department of Labor and Industry will get involved, do an investigation and probably fine them heavily. No good for them at all, but that's not AR15's problem is it?