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It depends on your state. For example, Texas is the only voluntary state for Workers' Comp. BUT, it, like all states, says that if you don't carry the coverage you remain liable for your workers AND you lose your sole remedy (which means people can sue your company for workers' injuries - not only the worker, but his spouse, kids...)

Not all states say you have to cover 1099 workers, but many do - including the voluntary Comp state of Texas - if your subcontractors don't have coverage (or remain liable.)

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Q: If my company uses contract labor and gives them a 1099 am I required to pay workman's comp insurance on them?
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