NLIC.org

Hugh Said:

how can i be sure that boss has me covered with workers comp insurance?

We Answered:

Are you REALLY a sub contractor? Look over these two links, and then tell me if you're a sub:

http://www.twc.state.tx.us/news/efte/app…

http://www.peakconsultinginc.com/Article…

It's a common - and unsuccessful - ploy for contractors to hire people, call them subs, not pay taxes on them, and then not cover them for workers comp.

Bottom line - if you subcontract work out to someone who has no workers comp, then YOU are responsible for the benefits, even if you have no insurance.

Also, any employer that HAS workers comp coverage in place, is required by law to post the notice where employees can see it - most of them do it in the break room or by the time clock.


He cannot take money from you, and buy you workers comp coverage with it. That's not legal.

Georgia Said:

How to report "slime ball" workers comp insurance company?

We Answered:

To start with be certain that you file all your medical papers with the job you were employed with, call the municipality where you live and ask who you report it to and keep copies of all the med reports, costs and paper work filed. Also report on line or send paper work explaining situation to you state's State Attorneys office of your grievance for workers compensation.

Julia Said:

In PENNSYLVANIA, are there any exceptions to the law that all employers must purchase workers comp insurance?

We Answered:

In PA, it's not the NUMBER of employees that counts - it's what type of work they are doing. Example: if you have a domestic worker come in (aka, maid) you do NOT have to provide them with coverage. Also exempt are KEY PERFORMERS, that work on stage, such as when Pavarotti would come in for a show.

PA is NOT an NCCI state, so it's one of the oddball states.

Seeing as how you have three employees doing roofing, I'm assuming your premium is well over $5,000. There is such a thing in PA as a Safety Committee Credit - which saves you 5%. Your agent should have told you about this, and they can ALSO help you set it up. It's only good for three years, though, so if you've already used it, well, sorry!

Another option is a deductible, but I NEVER EVER recommend it - any losses under the deductible, you pay, but they still count against you for experience rating.

Lastly, regarding the health insurance - in PA, most health insurance policies won't cover an injury that is "workers compensable" - which means, if it CAN be covered by workers comp, they won't pay it, even if there isn't any workers comp in place. But you'll have a darned hard time finding anyone to give you a group policy, without wc in place - lots of companies have tried it, and the health insurance companies are "on to" that little trick.

Maureen Said:

What carriers does ADP work with for workers comp insurance?

We Answered:

It's going to vary by state.

Wallace Said:

Can a contractor hold out 15% of a subcontractors total earnings if they don't provide workers comp. insurance

We Answered:

If you did not have this as a requirement in the contract, I would be very leery about doing this. If the subcontractor does not get paid, he or she can go out and slap a mechanics lien on the property and you will end up having to pay him to get him to release it and looking really bad to your client (the owner of the property).

I have seen contractors do this all the time but the reality is that you should 1) have it spelled out as a requirement in the contract and 2) you should not let the subcontractor onto the job site until he provides you with the Certificate of Insurance (IMHO for at least 4 policies--commercial general liability, workers compensation, commercial auto, and excess liability) and further the Certificate should name you as additional insured.

Would you like it if a contractor did this to you? Also if your sub were to have a claim whether it is under workers compensation or liability and he is uninsured your policy will kick in but it affects you in terms of your ability to maintain a favorable loss history with your insurance company and being able to keep your premiums low. FYI even if your insurance company pays they can still go after your sub for reimbursement.

If you still want to do this get the advice of an attorney who specializes in construction, contract and or business law.

Good luck.

Shawn Said:

Does My church need workers comp insurance?

We Answered:

You can't "own" a real church. You can WORK for a church. If the Nebraska WC court says you need it - you need it. If you have 50% or more ownership of the corporation, AND you have NO church employees, you can see if you can exempt yourself as an executive officer.

Unsalaried board members typically aren't covered under WC anyway.

If you think you don't need it, because of "seperation of church and state", think again. Just because you are a church, you can't "opt out" of state laws. Which is why certain religions aren't allowed to perform ritual human sacrifice, in the US.