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In the state of New York do I have to carry workmans comp for 1099 independent conractors Just because a company pays into WC for you doesn't make you an employee. Many states are "ladder states," meaning liability follows up the ladder until someone can pay. In Texas, General Contractors are required to carry Comp for their subcontractors (who are 1099 workers) who don't have it, or remain liable if they don't (since TX is the voluntary Comp state.) For New York, inquire of the NY State WC Board, 518.474.6670, but I think your answer is yes, if they don't have it.

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Q: If a company pays into workmens comp for you but issues you a 1099 are you an employee or an independent contractor?
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