seeking opinion's

Discussion in 'Experienced Truckers' Advice' started by Bigray, Apr 6, 2013.

  1. Grouch

    Grouch Road Train Member

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    Feb 3, 2009
    Between here and eternity
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    Sure the owner has insurance on his truck, just as an owner who is paying a driver on a W-2 , but the difference is that when a driver is paid under a W-2 form, the owner's insurance company covers the driver if he is involved in an accident. It is like your computer having a "Firewall". I am not asking you to take my word, as I said, ask a good lawyer where a driver stands when he is paid under a 1099.

    Let me relate a case that happened several years ago to a friend of mine. He was driving a tour bus under a 1099. He was involved in an accident, he landed in the hospital, got sued. He had to pay his own medical bills, he had to hire his own lawyer to fight the lawsuits, it cost him a fortune, the owner walked away and never paid a dime towards his medical bills or his cost in fighting the lawsuits. Oh, the owner's insurance did pay for the damage to the bus--LOL

    I would not touch driving a truck for another person and that person paid me under a 1099 form. I know that there are thousands out there doing it and I certainly hope that they never are involved in a serious accident and if they are, I certainly hope that they drive for an employer that will "cover their rears"---but how do you know??
     
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  3. Jseney12078

    Jseney12078 Light Load Member

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    Nov 1, 2012
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    I think you need to look up the recent US Distirct court ruling under US Judge Virginia Phillips. Your advise is so incorrect. Even O/O leased to companies that control all aspects will be considered Employees and not sub contractors and or Independents. Approach the labor board in the state the company is operating in and they'll have a little more to say about it. Even with a 1099, and you owe your state and Federal taxes, you could pay a penalty and interest for not paying quarterly. Social Security will definitely have a say for not paying as you go. Since we understand who is an employee and who isn't according to the US district court rulling, By law you will need workmans comp and the Employer will pay, as well as unemployment. Also quarterly will cease once you reach a certain amount, check with your CPA firm, After that amount is reached, you then must pay Federal tax, State Tax, unemployment, Social security, and medicade monthly.
     
  4. Bigray

    Bigray Road Train Member

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    Nov 23, 2007
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    Thank's to those of you that answered my Q,
     
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