@qbteachmt  “The attorney is first trying to get everyone to tattle on everyone else”

Every state has laws protecting “employees.”  The definition of employees is broad. IF, for example, an undocumented worker, who gets paid in cash, falls off a roof and suffers serious injury, the injured worker still has rights in the eyes of the state.

OP indicated No w2 or 1099 was issued. The state department of labor will ultimately deal with the employer. It is the attorneys job to establish that the injured worker should have been “considered” an employee and protected by the workers comp statute.

The employer will have a workers comp policy. it’s a statutory requirement.The attorney will file petition in work comp court to get coverage under the policy.  Filing a correct tax return to support the position is part of the process.