Coye Law - Worker's Comp - November 2019

Coye Law - Worker's Comp - November 2019

COYE LAW

Chronicle November 2019 Edition

Wade Coye Attorney

Hard Work Never Hurt Anyone Except Those Unwilling to Do It

In many professional industries, there’s a growing concern over too many hours spent working. The “side hustle” used to be seen as an admirable extra step that hardworking people took to make ends meet, but that no longer seems to be the case. The popular discourse these days is that if you’re working two jobs, there’s something you’re not doing right. But I take the opposite stance on this. I say that the harder you’re working to lead the life you want to live, the more likely you are to make that life happen. I don’t believe in the saying “work smarter, not harder,” because I think working hard and working smart gets you places. Take, for example, a recent experience I had with a Lyft ride. My driver picked me up, and I learned he wasn’t just a Lyft driver — his main job was actually as a full-time manager for Lyft. His reason for both managing and driving was twofold: It’s always nice to make extra cash, and he reaped valuable insight from getting out in the field and taking part in day-to-day operations. His extra work benefited him on levels that his day job couldn’t. There’s a valuable lesson to be learned from this scenario: Hard work and dedication never hurt anyone. Elon Musk has famously said he puts in 100 hours of work per week. His reasoning is that if he’s in competition with someone, he wants to make sure he’s still putting in more work than they are. If Musk is putting in 100 hours to someone’s 40 hours, that means he’s doing over twice as much “full-time” work as his competitor. Look where that mindset has gotten him today. Professional work capabilities have also changed drastically, and those capabilities have adapted our capacity for hard work. Most office work environments operate on cloud-based systems. That means we can do our work from anywhere, at any time, on any device. We can take calls from around the world or get tasks done while in the midst of other activities. This ability might give us more freedom with how we do our work, but it doesn’t mean we have less work to do. No matter how technology changes, the necessity for hard work remains the same.

At Coye Law, we utilize these developing systems every day. Our team has increased availability for clients, and we have a larger capacity to do the work they need. We have the ability to take on more because of these advances. Working from the office, from home, and during the evenings and weekends enables us to do the best work possible. The ability to do work in this way doesn’t mean we’re exhausting ourselves; rather, we are working hard in a meaningful way. Whether you work one job or five, the important thing to remember is that it’s your hard work across the board that will propel you to the top. Don’t let anyone tell you you’re too dedicated to your job. There’s no successful professional out there who isn’t doing the exact amount of work required in order to achieve their dreams. If you want to fall into that category, it takes hard work above all else. -Wade Coye

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The Greatest American War Horse The Legend of Sergeant Reckless

daredevil attitude of the soldiers who used them. Reckless was pivotal for her regiment in more ways than one. As Robin Hutton notes in her book “Sgt. Reckless: America’s War Horse,” "Because horses are 'herd' animals, the Marines became her herd. She bonded so deeply with them that Reckless would go anywhere and do anything to help her adopted family." Sergeant Reckless’ greatest achievement occurred during the final stages of the Battle for Outpost Vegas. During the bloody five- day campaign, Reckless made 51 trips to resupply guns over the course of a single day. By the end of the battle, she had carried 386 rounds of ammunition by walking 35 miles through rice paddies and mountain trails. After dropping off the ammunition, Reckless would then bring wounded soldiers back to safety. Reckless was trained to lie down when under fire and avoid barbed wire, and her ability to do so without needing human command saved many lives during the battle. Reckless would close out her war career with two Purple Hearts and the rank of staff sergeant. She spent the rest of her years at Camp Pendleton in California. To learn more about this legendary mare, be sure to check out "Sgt. Reckless: America's War Horse” by Robin Hutton.

Animals have acted as companions to humankind for thousands of years. They’re a near-constant source of companionship, comfort, and aid. Unfortunately, military animals don’t often get the recognition they deserve. One horse, in particular, was essential to the success of her regiment during the Korean War. Meet Sergeant Reckless. Bought for $250 in 1952 by a U.S. Marine Corps lieutenant at a Seoul racetrack, Sergeant Reckless was trained to carry ammunition for the 5th Marine Regiment. Her name was a play on the “recoilless” rifle ammunition she carried and a nod to the

The Perils of Independent Contractors Navigating a New Type of Employee According to the U.S. Department of Labor, roughly 1 in 10

you’re an employee of a company and you’re injured at work, you can file a claim with your employer’s workers’ comp insurance company. If you’re an independent contractor — even if your work and the nature of your injury is the exact same as that of an employee — you won’t be covered.

American workers is classified as an independent contractor. These contractors include the person delivering your dinner through Uber Eats, professional UFC cage fighters, freelance graphic designers, and highly compensated coders at companies like Google.

As such, it’s crucial that you add workers’ compensation insurance to your package of coverages. Nobody wants to get injured at work, but if the worst happens, you don’t want the stress of an injury compounded by mounting medical bills and an uncertain employment future. The state is already making strides to ensure independent contractors are better classified, passing a law that bars construction companies from labeling workers as contractors to avoid providing insurance. But in most other industries, the onus is on the worker to understand whether they have coverage.

While debating what the widespread growth of these arrangements says about the eroding nature of workers’ rights in this country is a topic too large and messy for this newsletter, everyone who is an independent contractor needs to know how it affects them practically. Not only does employment status affect taxes; it also has ramifications on insurance, in ways both obvious and subtle.

If you’re a contractor, you probably already know you have to pay for your own health insurance. What you may be unaware of, though, is that you’re also likely without workers’ compensation coverage that’s guaranteed to regular employees in the state. If

Whether you’re an independent contractor or any other type of worker, you can count on Coye Law if you’ve been injured on the job. Call us at 407-901-2712 to find out more about how we can help.

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Legend of the Pirate Queen Ching Shih: History’s Most Successful Pirate

her rule, the bloody crimes of piracy became a profitable business. The Red Flag Fleet would eventually clash with the British Empire, the Portuguese Empire, and the Qing dynasty of China, but no one could topple the pirate queen. After almost a decade of pillaging the high seas, Ching Shih decided piracy wasn’t the best retirement plan. In 1810, she walked into the office of a local governor-general, completely unarmed, and requested full pardons and government jobs for her entire crew — along with permission to keep all their stolen goods. In exchange, she promised to give up piracy for good. Thankful to be free of the Red Flag Fleet, the Chinese government agreed to her terms. Ching Shih’s second husband was even made an officer in the Chinese navy. Ching Shih returned to Canton with her vast wealth and spent the next 34 years living a life of comfort with her family and running a gambling den. In 1844, the legendary pirate queen passed away of old age at 69, a rare feat for pirates of her era.

From Blackbeard to Jack Sparrow, pop culture teems with pirates who frequented the ports of the Caribbean. And while these pirates are well-known for their (sometimes fictional) accomplishments, the most successful pirate in history terrorized the seas of China instead. Her name was Ching Shih. Ching Shih, who was born Shih Yang, was working in a Cantonese brothel when she met the pirate Zheng Yi. He came from a long family of notorious pirates and was impressed by Ching Shih’s cunning. They married in 1801 and built a pirate empire known as the Red Flag Fleet. When Zheng Yi passed away suddenly in 1807, Ching Shih strategically maneuvered her way into leadership, taking control of over 60,000 pirates. Historians describe Ching Shih as a brilliant military strategist, a skilled businesswoman, and a harsh disciplinarian. After taking control of the fleet, Ching Shih implemented a strict code of conduct. The code included rules for distributing booty, protecting female captives, and beheading anyone who disobeyed Ching Shih. Under

Every month, we give a big shoutout to clients who gave us referrals. This month, we’d like to recognize ...

Coye Law Firm’s Referral All-Stars!

Thank you for trusting us with your legal needs. If you have family or friends who could benefit from our services, please have them call Alex at 407-871-3811. Kenneth Leahy Yolanda Yamante Tracy Morello

Laugh!

Have a

BURNISHED POTATO NUGGETS

Inspired by Bon Appétit

• 8 cloves garlic, crushed • 2 sprigs rosemary • Kosher salt, to taste

• 5 lbs russet potatoes, peeled and cut into 2-inch pieces • 1/2 cup extra-virgin olive oil • 1/4 cup vegetable oil 1. Heat oven to 425 F. 2. In a large pot, pour water over potatoes to cover by 2 inches. Salt water and bring to a boil over medium-high heat. Reduce heat and simmer gently for 10 minutes. 3. Thoroughly drain potatoes and let stand for 10 minutes. Toss gently and season with salt.

4. Meanwhile, combine both oils in a large pan and heat in oven for 10 minutes. 5. Remove pan from oven and add potatoes, turning to coat thoroughly. Return to oven and cook for 30 minutes, turning every 10. 6. Toss in garlic and rosemary and finish cooking for 8–10 minutes. 7. Drain and serve.

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PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

Accidents & Injuries Workers’

Probate Family Law Veteran's Disability Long-Term Disability

730 Vassar Street, Suite #300 Orlando, FL 32804

Compensation Social Security Disability

407-871-3811

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T H I S I S S U E

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Why Hard Work Means Everything

The Legend of Sergeant Reckless

Workers’ Compensation for Independent Contractors

History’s Most Successful Pirate

Not Your Ordinary Turkey Shoot

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Not Your Ordinary Turkey Shoot It began like any other hunting excursion. Neil Jacobs was walking softly through the bushes, looking for a spot to hunker down and watch for a flock of turkeys. The only problem was that someone beat him to that neck of the woods. James Kent had established a hunting spot for himself, and, when he heard rustling and gobbling in some nearby bushes and saw a flash of red, he took aim and fired. Unfortunately, the movement in the bushes was not a turkey. Kent was horrified to find that he had shot Jacobs. Jacobs promptly moved for a partial summary judgment against Kent on the basis that he had failed to determine that Jacobs was not a turkey but, in fact, a human being. Kent cross-moved for summary judgment, saying Jacobs should have expected risks when he stepped into a popular hunting environment. When their case came before the Supreme Court of the 4th District of New York, the courts denied both the motion and the cross-

motion. They agreed that Jacobs had assumed the inherent risks of hunting — just not the risks it would be unreasonable to assume, like getting shot by another hunter who thought you were a turkey. Beyond that, the courts did not pronounce judgment because they did not have enough verifiable facts. Jacobs asserted that turkey hunters should not shoot unless they can see the turkey and verify its gender. The court could not determine whether Kent had failed to follow this rule when he shot Jacobs. They also could not determine whether the doctrine of primary assumption of risk, which Kent pointed to in his defense, was even applicable. The court also called into question whether Jacobs had also been negligent. Ultimately, the case didn’t move forward. Maybe next time, they should just try getting a turkey from the supermarket.

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