Contact your state because rules & exemptions vary - but if you're exempt from having to have insurance that doesn't mean you should forgo coverage. Even if you have health insurance, who will pay for that if you're seriously injured & can't work? Comp offers lifetime medical benefits due to a work related injury. Maybe you sometimes use subcontractors too, and your state may be one that says you have to provide coverage for your subs who don't have it - talk with your insurance agent first, and if you opt to take the exemption, do so legally. Also, some of your clients may require you to carry this coverage even if the state says you're exempt - you may be able to get higher pay from the General Contractor because you provide your own insurance.
By law, it's optional for sole proprietors. Reality can be different though. In the construction trades most general contractors will require any subs who are sole proprietors to have workmans comp. This is what their insurance companies require. If a sub doesn't have workmans comp the insurance company adds their wages to the gc's bill.
As each state's criteria for eligibility and amount of workman's comp payable differs, you need to contact your state's office for clarification.
I NEED A COPY OF MY LAST WORKMANS COMP CHECK EMAILED TO ME FROM 2004-2005 HOME DEPOT VALLEJO CALIFORNIA. CHERYL LINDER EMAIL Cjohnston775@gmail.com
No. Source http://www.dir.ca.gov/DWC/erguide.pdf Page 13 For more info. on Worker's Comp see http://www.steveshorr.com/workers.comp.htm
First. My answers are for U.S. Employees ONLY. If you're a 1099 employee and you work in any setting, You are covered by Workman's Comp. If you work for a company and they pay you 1099, but you work for them, same place every day, etc, they MUST carry Workmans Comp insurance to cover you. Now there are a couple of exceptions. For instance you are, or work for ABC cleaning company. If you submit a bill or a bill is submitted on your behalf to garner payment, then it is the bill generators responsability to cover you with Workmans Comp Insurance. If the employer informes you he does and will not carry this type of insurace, and you agree and sign off and are compensated for said lack of coverage, then your "employer" need not carry Workmans Comp Insurance on you. If you want complete details of who and what coverages need to be carried go to Google.com and search Workmans Comp rules & regulations for YOUR STATE or Country, as all states/countries vary a small amount.
If your spouse draws a wage from you or your company, you must include her in any workers' compensation plan. If you both own the business as sole proprietors, neither of you are required to be on a workers' compensation plan.
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If you are agreeable to the terms of the worksman's comp settlement then you don't need an attorney. However, if you are concerned your interests are not being met then you should consider hiring an attorney to represent you.
You need workers' compensation insurance if you have employees. You do not need worker's comp insurance if you are a sole owner. In most states, owners of a business are exempt from having workers' comp for themselves. The type of business does not matter. If you have employees, you need comp insurance. ...plus, the venue, whether a city owned street, school or music venue SHOULD require that you carry the coverage on yourself to ensure you don't allege to be its employee if you suffer an injury.
The workers comp insurance company requires the employer to insure all the employees.
Your General Contractors (or clients, if you go direct) may be liable for your Work Comp coverage if you don't carry it because many states are "ladder states." If you work with a GC, ask them if they can include you on their coverage and adjust your pay accordingly. If you carry your own Comp, you may find you can compete better for jobs. If you have employees, YES, please carry Comp - you're liable even if the law says you're exempt because of your company size or employee type.
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