took a chainsaw to the face

[gmcman]

Holy Crap!! Man...i'm sincerely sorry for what you are going through....I couldn't possibly imagine. Like the other poster said, did you have taxes taken out even though he was paying under the table? Not sure if it matters but after seeing those pics, the gloves have to come off. I don't care if he's a great friend..whatever, you need to get fixed my friend. Just ask him staight-up that you need money for the hospital and again like someone else said...you aren't after his house but if you have to..take as much legal action as necessary. Forget the past and do what you need to get better, if it means he has to sell a car or two..oh well, just don't let up.

This guy needs to man up to the situation and use the mental anguish you are going through ( and physical pain) to fuel your fire....hope you fully recover, best of luck.

 

[Ductape]

Monkeyman, god bless you, your fiance, and your family. That is a serious injury. I certainly hope the guy you were working for mans up and helps you out as much as he can.

That being said..... to anyone who feels we need our government to provide us all with healthcare, i feel you are dead wrong. Can you name ONE thing our government does well? I didn't think so

I've worked under the table. I've paid people under the table (or should i say used "sub-contractors"). We've all done it, and we know the risks in doing it. But we all do what we need to do to keep food on the table. Going back after the fact and claiming you are an employee when you know you are working under the table doesn't fly. This is not aimed at you Monkeyman.... just in general.

If you are behind on the mortgage over this, then you should look into bankruptcy..... soon ! This will at least save your house. I'm not a fan of bankruptcy.... but its there for a reason.

Keep us informed about your recovery. I hope you get healed up quickly.... and i hope the guy you were working for steps up to the plate.

 

[lees trees]

Monkeymanjoe I am sincerely sorry to hear of your situation.

Over here YOU WOULD NEVER be in that position, here whether you are a contractor or not YOU GET WC.

I have on many occasions debated with Americans on this board about their inferior health systems which again leave a young man like you in a dark hole.

Wishing you a strong recovery and from whatever systems they have over there I hope they help you out.

I'm sure your right about our health care. from my view we americans have a choice pay-up or take your chances, and there is a ton of pressure to take your chances. Who pays for your WC?

 

[lees trees]

are you back to work yet?

 

[RaisedByWolves]

I'm sure your right about our health care. from my view we americans have a choice pay-up or take your chances, and there is a ton of pressure to take your chances. Who pays for your WC?

+2


WC=Welfare Care.



.

 

[Ekka]

but I have seen to often of late that Americas health care system SUCKS AZZ!!!!!

The system, not the actual care provided.

Who pays for your WC?

The employer pays the Workers Compensation premium. Where I live the WC is run by the Govt as you cannot trust something this sensitive to private insurers who care more for profits and shareholders than your health.


My WC premium is under 2% of gross payroll as we have not had a claim.

Over here if the principal supply under contract is labor (regardless if you own business) you are covered by WC.

For example, climber is predominantly labor supply, he physically has to do the work so he will fall under the boss's WC. However, contractor supplies chipper and bobcat ... that's different as the predominant supply is machinery.

If you are in doubt you can ring them or fill in a survey for the various things and they make judgement if the contractor is under your WC or not.

With workers on average being 1/3 of the business overheads it's important to keep the costs associated of employing people in check, premiums like you guys have quoted around the board of 50% and 70% on top of wages is frankly ridiculous. You'd either not hire or not pay insurance or pay workers cash under the table etc.

Over here a few years back there was a deluge of workers placed into contractor rolls as employers thought the contractor was responsible for their own WC. Consequently many of the contractors didn't have WC but their jobs continued the same as before, however this was wrong and not even a loop hole just ignorance on the employers behalf. The govt made sure it was common knowledge that where labour is the supply then you have to pay the WC.

When everyone is paying the WC then not only is everyone covered but the pool of money is higher placing less stress onto business overheads as premiums are lower.

Now lets go one step further for the argumentative.

You then set yourself up as a company and become an employee. You get to pay a low 2% for your WC on yourself and have benefits that leave a private insurer in the dust. When I tried to privately insure as a self employed the premium was 10% with crappy cover and waiting periods and hospital bills not covered ... that's another policy.

--------------​

Also, if for some reason some-one ended up like the guy who started this thread the WC would pay and fine/persue the business owner ... the worker gets what they should have rightfully had in the first place, it's not the workers fault the boss is a lier and cheat.

 

[monkeymanjoe]

I am back to work

Yes I am back to work. I am still doing the tree thing. My family is not too happy about that, but we need to eat, and that dreaded holiday is creeping up on us. This is the only thing that I have ever been good at. And to be honest I love doing this.

 

[Treetom]

Chain break?

MonkeyMan,

That's a scary-looking wound. My heart goes out to you and your family. I've been reminded of a lot by my fellow AS members of how dangerous this business can be. Thanks for the wake-up call.

 

[lawson's tree s]

glad to hear your back moving around and doing what you love tree work. like i said before your old boss should step up a be a man and pay your hospital bills. your family shouldn't stay mad long they just got to know that sitting around worring and not working aint helping either. it was a bad mishap but it could have been worse it could have been a arm , leg etc . keep up the good faith hopefully your old boss will pay you what you deserve . good luck!!

 

[TimberMcPherson]

The system, not the actual care provided.



The employer pays the Workers Compensation premium. Where I live the WC is run by the Govt as you cannot trust something this sensitive to private insurers who care more for profits and shareholders than your health.


My WC premium is under 2% of gross payroll as we have not had a claim.

Over here if the principal supply under contract is labor (regardless if you own business) you are covered by WC.

For example, climber is predominantly labor supply, he physically has to do the work so he will fall under the boss's WC. However, contractor supplies chipper and bobcat ... that's different as the predominant supply is machinery.

If you are in doubt you can ring them or fill in a survey for the various things and they make judgement if the contractor is under your WC or not.

With workers on average being 1/3 of the business overheads it's important to keep the costs associated of employing people in check, premiums like you guys have quoted around the board of 50% and 70% on top of wages is frankly ridiculous. You'd either not hire or not pay insurance or pay workers cash under the table etc.

Over here a few years back there was a deluge of workers placed into contractor rolls as employers thought the contractor was responsible for their own WC. Consequently many of the contractors didn't have WC but their jobs continued the same as before, however this was wrong and not even a loop hole just ignorance on the employers behalf. The govt made sure it was common knowledge that where labour is the supply then you have to pay the WC.

When everyone is paying the WC then not only is everyone covered but the pool of money is higher placing less stress onto business overheads as premiums are lower.

Now lets go one step further for the argumentative.

You then set yourself up as a company and become an employee. You get to pay a low 2% for your WC on yourself and have benefits that leave a private insurer in the dust. When I tried to privately insure as a self employed the premium was 10% with crappy cover and waiting periods and hospital bills not covered ... that's another policy.

--------------​

Also, if for some reason some-one ended up like the guy who started this thread the WC would pay and fine/persue the business owner ... the worker gets what they should have rightfully had in the first place, it's not the workers fault the boss is a lier and cheat.

We have a simular system, we call it ACC (accident compensation corperation), I think I pay about 2% as well, although it varies with different people in different jobs.
One of my guys had a tendon problem, he doesnt get paid the first week hes injured but after that the Govt payed him something like 70% of his wages for the 3 months, all doctors bill, physio and surgery. (I think he might have had to pay like $100 or something). If he couldnt return to work they would have helped source retraining for something else or helped me find work he was more capable of.
ACC covers you for everything from car accidents to kayaking and cancer, its not a perfect system but its lawyer free.
The insurance industry has tried hard to get rid of acc and every now and then you hear about people trying to bring in litigation, but NZers are dead against it.

 

[00chris85]

your lucky as hell

your have got a horse with new shoes on in your ass
those stitches you got are nothing...
3" or less lower and you would have got your jugular.
in any case good luck with your recovery.

 

[(WLL)]

what a damd sham

my deepest sympathy's to u and the family. i work with the fear of being hurt every day. I like u am working under the table and have a great family also. keep the faith up and this should work out for you. i feel my boss would do this to me in your situation and it scares the **** out of me. get a good lawyer with a strong reputation and take that man 4 all he is worth in money because he stabbed you and your family in the face. and that is truly f-up and all to common in the USA. i am a strong believer in do to others as you would want them to do to you. an eye for en eye face for a face hart for a hart and a house for a house. he should suffer 10x more then you and that auta learn em. a good employee is hard to find but a good employer is even harder to find. my pay rate is fair at $250.00-$31.50 per day/hr but for every $100 i earn the boss will get 1,000 or more. i think i make more than most climbers in the state of NJ but i still live week 2 week with a 4 person family. and cannot afford med ins. my boss will make 10,000 per week and has everything and more. he also knows nothing about trees either. i could go get a legal job for 400.00 per week- taxes- insurance for the fam and we would slowly starve to death. the USA is f-up something horrible. well best wishes to u and the family.

 

[BostonBull]

Still no answer on HOW this happened?

Was it a top handle saw, a rear handle? What caused it? Your pictures are great to use in a safety meeting, but the story behind them is the important part!

 

[Ductape]

And..... at risk of sounding like an a hole, i must ask...... how do you look now? I assume scarred pretty well? Amazing what they can do nowadays.

 

[alanarbor]

It was a Stihl MS200T with the rackers filed down.

And what were you doing when the kickback occurred? What kind of cut?

 

[John Paul Sanborn]

I can't remember too much of that day.., but what I do remember was the saw kicking back and then a terrible pain in my face....It was a Stihl MS200T with the rakers filed down.

Traumatic injury often leads to loss of the short term memory preceding the incident.

The rakers filed down does lend it'self to kickback because the cutter become so aggressive.

 

[(WLL)]

man thats a nitemare accident !iv never been hurt bad but hearing your story makes me scared 2 work 4 small companies like i do at the moment.thats messed up that your old boss would act like a total looser.im sorry too here about what happen its making me rethink about what companies i wana work 4 .good luck 2 u,always remember that it could of been worse (wll ) little brother ps can u send current pics

 

[fpyontek]

Monkeyman, I hope you are able to put your life back in order after such a terrible accident and subsequent ordeal. You do need a competent attorney who practices Workman's Compensation law.

...
I've worked under the table. I've paid people under the table (or should i say used "sub-contractors"). We've all done it, and we know the risks in doing it. But we all do what we need to do to keep food on the table. Going back after the fact and claiming you are an employee when you know you are working under the table doesn't fly. This is not aimed at you Monkeyman.... just in general.
...

Working "under the table" does not change the fact that you were actually working for your this guy when the accident occurred. Whether you were working as an employee or as a sub-contractor is irrelevant, you should be entitled to Workman's Compensation coverage.

I can only state what I know to be true about Workman's Compensation Insurance in New Jersey. However, I can assume that WC works similarly in New York.
* New Jersey law requires employers to carry WC insurance.
* I am required to pay additional premiums on any sub-contractor who fails to produce proof of carrying WC insurance himself (a certificate of insurance) by the time of my insurance policy audit.

As a sub-contractor It doesn't matter how he pays you, (cash or check) he is required to report those payments to his WC auditor. Therefore, in New Jersey at least, you should be entitled to WC coverage because additional premiums were paid on the amount paid to you.

Best Wishes, Fred.

 

[Kneejerk Bombas]

The contractor doesn't pay WC on sub-contractors, that I know of, but it is his responsibility to make sure he is insured. Just like it's the homeowner's responsibility to make sure the contractor is insured.
WC is so important.


Sorry to hear of your accident and hope for the best to you and your family during your recovery.

 

[Kneejerk Bombas]

Interesting article on the subject of subcontractor or employee:http://www.peakconsultinginc.com/Articles/employee_vs_independent_contract.htm

"Does the business require the worker to follow their instructions on how work is to be performed? If yes, this indicates employee status. An independent contractor will generally decide how the project should be completed and use his own methodology.

Does the business provide training to the worker? If you're hiring a person for a job they are not trained for and providing them with the training to carry it out, that person is probably an employee. There can be exceptions based on the facts and circumstances, but if you fail this test, you might lose no matter how many of the others you pass.

Are the worker’s services a substantial or integral part of the business? This indicates employee status because it indicates the business maintains direction and control over the worker.

Does the business require the worker to perform all services personally? Independent contractors may have their own employees or at least should have the option of hiring other contractors to perform their work. Agreements for personal services indicate employee status.

Does the business hire, supervise and pay the worker’s assistants? If so, this is a strong indication of employee status. Let the independent contractor pay his or her own assistants.

Does the business have an ongoing relationship with the worker? This one is a stretch since many businesses maintain lifelong relationships with contractors whose work they like. But the IRS views this as an indication of employee status.

Does the business set the worker’s schedule and hours? Independent contractors generally set their own work schedules. If the contractor must work certain hours because of required interrelationships with your employees or to take advantage of down time for computer-related work, document these facts.

Does the business require the worker full-time? This is an indication of employee status because the business controls their availability and prevents them from working on other clients.

Does the business provide the workspace? Contractors who work off-site are more likely to be classified an independent contractor.

Does the business determine the order or sequence in which work is completed? Indicates employee status. If specific schedules are required, document them in the contract with the reasoning for doing so.

Does the business require oral or written reports? The IRS believes regular written or oral reports detailing the work completed indicates employee status. In reality, this is, and should be, expected from independent contractors as well.

Does the business pay by the hour, week or month? This indicates employee status. See our comments at the end of this article on this issue.

Does the business pay expenses? This is an indication that the business is directing the Independent contractor's business activities. Make sure the independent contractor pays the expenses and bills you for reimbursement.

Does the business provide tools and equipment for the worker? Independent contractors would normally provide their own tools and equipment.

Does the worker have a significant investment in their own facilities? If the contractor maintains his own office space, computer equipment, tools, etc., this is a good indication that they are an independent contractor.

Does the worker have profits and losses independent of the business? This is an indication that the contractor is running his own bona fide business and is an independent contractor.

Does the worker have multiple clients? Working with multiple clients generally indicates independent contractor status.

Does the worker market their services to the general public? Employees do not generally market their services to the general public.

Does the business have the right to discharge the worker at any time? This suggests employee status. An independent contractor would only be discharged for failure to meet contract specifications.

Does the worker have the right to quit at any time? An independent contractor is under contract and cannot quit until the project is completed. "