I have a 1099 contractor who has filed a disability claim. What do I do?

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I have a 1099 contractor who has filed a disability claim. What do I do?

I received a form what do I need to do?

Asked on June 8, 2018 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have to respond to the form and provide requested information or documentation: if you don't, his claim will be granted. What you should do is fill out the form accurately and in it state the facts supporting that this was a contractor, not employee; if necessary, provide a supplemental sheet with more information and/or attach any documents supporting your position. The state agency may contact or call you for further information; once the agency feels that it has all the relevant information, it will decide whether this person was truly a contractor and therefore deny the claim, or whether it feels he was actually an employee based on the nature of the work relationship (regardless of what you and/or he called him; it is the facts of how he worked for you, and not what you called him or what forms, such as a 1099, he filled out which determine whether a worker is a contractor or an employee) and therefore grant the claim.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have to respond to the form and provide requested information or documentation: if you don't, his claim will be granted. What you should do is fill out the form accurately and in it state the facts supporting that this was a contractor, not employee; if necessary, provide a supplemental sheet with more information and/or attach any documents supporting your position. The state agency may contact or call you for further information; once the agency feels that it has all the relevant information, it will decide whether this person was truly a contractor and therefore deny the claim, or whether it feels he was actually an employee based on the nature of the work relationship (regardless of what you and/or he called him; it is the facts of how he worked for you, and not what you called him or what forms, such as a 1099, he filled out which determine whether a worker is a contractor or an employee) and therefore grant the claim.


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