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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.
What else can I help you with?
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.
What can you do if an employer fails to file a claim on workman's comp?
Contact the state you live in workmans comp office and file a complaint.
Is the employer liable to pay workmans comp to employees who worked under the table?
Yes - even in the absence of a workers comp policy, the employer is responsible for a work related injury
What if your hurt at work and dont have workmans comp?
if your employer doesn't have workers comp insurance then you sue the company directly. Find a good lawyer.
What if your employer requires you to return to work and you are on workmans comp and your doctor has not released you to work and fmla is over can the employer and fire you?
yes they can and will probably fire you.
Do you need workmans comp as sole proprietor in ma?
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.
Employee falls on street curb going home from work is it workmans comp?
Yes, it employer maintains curb
You were fired from a new job after the empoyer found you had a workmans comp claim from another employer It that legal?
No you cannot be fired.
Can an employer tell his employees if someone is out on workmans comp?
Certainly. WC claimants have no expectation of privacy. Folks injured at work get workers comp, and that's no secret.
You are a sub contractor work by your self do have to pay workmans comp?
In some states being a sole proprietor with no employees allows you a waiver for the state required workmans comp insurance. However, many large companies as well as state and federal projects will require WC insurance, regardless of the waiver status.
Do you have to report long term disability checks to workmans comp?
what earnings must i report to workmans comp
Do you have to repay workmans compensation if you receive a lawsuit settlement?
You need to check with your work comp state laws, but in most states you do not have to pay taxes on your settlement. You can usually google something like "your state-work comp laws".gov to find website.
