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All states require employers to carry Workers' Comp or remain liabile to the workers themselves. Most states have exemptions for some employers, such as those with fewer than 5 employees, or employers whose sole workforce is comprised of partners in the company. Texas is the only state in which Workers' Comp is 100% voluntary, yet again, the employer remains liable to the worker and would have to pay out of pocket for claims. Further, by not carrying Workers' Compensation, the worker is free to sue the employer - something he's not able to do if the employer carries Workers' Comp unless the employer's guilty of GROSS negligence. See the attached link, "Should I Carry Workers' Compensation?" for additional information.

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16y ago

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Can your employer charge a 1099 employee for workmans comp?

An employer should not charge a 1099 employee for workman's comp. If you get a 1099 you are not in an employer, employee relationship You are an independent contractor.


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Contact the state you live in workmans comp office and file a complaint.


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Yes - even in the absence of a workers comp policy, the employer is responsible for a work related injury


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if your employer doesn't have workers comp insurance then you sue the company directly. Find a good lawyer.


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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.


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