Can a human service agency require a clinical consultant subcontractor to cover themselves with workmens comp?

Answer 1

Subcontracting and You

The magic word here is "subcontractor". Since a subcontractor is not an employee, that subcontractor is not covered under the policy for work-comp which is the umbrella for the employer et al; and, should the subcontractor become injured in the course of normal working duties and surroundings, no employer wishes their liability insurance to become taxed as a result.

And so, with that type of thing in mind, an employer seeks to protect themselves from incurring any further liability than they have to--- and they do so by writing contracts which contain provisions which stipulate details designed to do just that. They hire subcontractors rather than employees using these contracts. Anything one person chooses to put into a contract, they may put in; and, any contract another person chooses to sign is a contract.

The employer can force you to do nothing; but, if you signed a contract saying you agreed to do it, then you are bound by the contract. If you do not sign the contract, you are not so bound; but, neither are you engaged by the contract writer. The reference here is to a contract; and, it is important that the terms and conditions of that contract be spelled out clearly.

A subcontractor working under a verbal contract, a handshake, a stack of employment-related paperwork and a smile is not a subcontractor--- no written contract has been provided and agreed to. A subcontractor has a certain weight when dealing with an employer that an employee doesn't have: a business-to-business relationship. That means that contracts can be brokered to appease both parties.