not in america (per license plate) so probably

Who hired her? What are her job duties? Has she ever been drug tested? Failed? Who signs her paychecks? Is she paid in cash or by check? Who provided the soap, sponges, hose, water, facility, etc. Who supervised her work? Who told her when and where to report to work? Who set her work hours and schedule? In what state was she hired? How many employees does the car wash have? Who had the right to hire and fire her? Was she paid by the customer or the alleged employer? Was she interviewed or licensed or trained in any way to do the job? Is this the majority of the type of work she does? Was she engaged in horseplay at the time of the fall? Has she ever had a previous head injury or worker's comp claim? Does she have any preexisting disability? Is there a yearly physical or is one required for employment? Was she paid hourly, or by salary? What was her hourly rate? Was this her only job, or was she employed in a 2nd job somewhere? Was she provided any company benefits? 401K, health insurance, life ins., etc? Does she have any history of fainting, balance problems, inner ear infection or complained that day of feeling ill? The shoes she was wearing to wash this car, were those provided or required by the alleged employer, or were they shoes she purchased and wore to work on her own volition? When was she hired? Has she ever washed cars before, or been a stripper before? Would she have been reprimanded had she chosen to wear rubber-soled tennis shoes instead of high heels? Was there any defect in the high heels she was wearing. Again, did she buy them or the company? Who maintained her shoes? Did she recently give birth to a child, or suffer a recent marital crisis? Did she sleep well the night before? If not, why? Does she take any daily medications? Any medications taken that day? Who owned the car? Did the driver pay her, or someone else for the car wash?

I'm about halfway through her deposition, but by this point I would have a pretty good answer regarding coverage, employment status, and potential third party subrogation.

Tiggity®

Oculus Spirit [97719]

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Nope. I just work for them.

Mar 4, 2020, 5:55 PM

Was joking about the deposition. Have also done work (a few times) for the Uninsured Employers Fund too. They get brought in on a claim where there's an issue with coverage, etc. sometimes.

You sound like a contractor. You probably know about ghost policies then also. Had a contractor who accepted a sub to work on his jobsite. Was provided a valid COI. Sub didn't pay his premiums, only the minimum payment to get the policy active and the COI, then never paid again. Coverage lapsed. Guy gets hurt. Bad. WC carrier denied. GC may have gotten screwed in that claim, but not sure.

And every year there's probably a few million in premium fraud from ghost policies. Investigate that too. I once spoke with Rick Quinn prior to him being arrested (lol). His wife works for NCCI. I asked him if he could either introduce a bill (or get NCCI) to change the fields on the standard COI form issued by agents. Specifically, to add two very simple things to avoid premium fraud:

1) States of coverage - Important for assigned risk claims
2) Show the number of employees for which premiums are paid

Those two simple things would add a level of safety for GC's because they would know if a sub was bidding on a large project having only taken out a ghost policy. Currently there is no indication on the COI that the policy is a ghost policy. If you know it takes 20 electricians to wire a high school and you have a sub underbid everyone else, and see a COI showing premium paid for 1 employee, you know you're dealing with a fraudulent sub. Furthermore, you also can tell if their assigned risk policy is valid in other states. Also, it's a pain, but YOU call the agent and request the COI. Don't accept the sub's copy as coverage may have expired and you have no way of knowing. Also ask the agent for # of employees listed by the sub when taking out the policy. I'm not a contractor, but if I was I'd do those things. Don't have to, but you can always pay a lawyer to deal with it later

Or save a buck, take the low bidder, and hope no one gets hurt.

I know, this stuff is basically a wink and nod stuff that is just allowed to happen. But we all pay for it.

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Workers Comp case? yes or no

Need much moar info.

Re: Need much moar info.

Actually, in South Carolina....

Re: Actually, in South Carolina....

Nope. I just work for them.

Re: Nope. I just work for them.

I think TC was justing showing us a girl in a bikini***

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