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Is a self employed person required to claim workmans comp ?

 
 
Reply Fri 17 Dec, 2004 03:28 am
Hello! Very Happy
I'm new to this forum. I have a question I am hoping someone can either give me and answer to or direct me to a place with the correct answers.
Sad
I work in the medical professions as office help, the question has come up about workmans compensation and the self employed. If a person who is self employed in one state and goes to get medical care for a minor injury while in another state, working, do they have to file a claim and be listed as workmans compensation, or can they elect to pay the bill themselves?

I'm in a bit of a hurry on this one. Any help you have to offer is great. Thank you!

My email is [email protected]
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Type: Discussion • Score: 1 • Views: 1,021 • Replies: 6
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mac11
 
  1  
Reply Fri 17 Dec, 2004 09:20 am
I'm no expert, but I have a question about your situation. Worker's compensation is used when you are injured on the job. Were you working when you had a minor injury in another state?
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roger
 
  1  
Reply Fri 17 Dec, 2004 09:27 am
You're self employed as office help. Does that mean you are working from your own office, or various offices belonging to your client? If the former, and you happen to be in New Mexico (it varies from state to state) you are not required to carry worker's comp insurance. You are also not covered - in any state. If the work occurs on someone else's job site, the company you are contracting with may require you to show proof of w/c coverage, and liability insurance too, for that matter.
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ehBeth
 
  1  
Reply Fri 17 Dec, 2004 11:58 am
Definitely depends on jurisdiction - and then circumstance of injury.
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need2knowinhurry
 
  1  
Reply Fri 17 Dec, 2004 02:17 pm
The person I am refering to is a self employed man from MA who got a contract job here in Utah. He got some dust in his eye and insisted on paying his hospital bill instead of using his wci. I even tried to insist he use it, he said he didn't have any and if he did it wasn't worth the trouble.

Having had my own housekeeping business in the past I knew I wasn't required to have WCI unless I had employees. So I didn't think twice about it once he insisted on paying.

My boss came back at me telling me it was illegal for him to pay, insinuating I had taken part in something illegal, yadda yadda.

I called The Dept of Labor here in Salt Lake and the lady who helped me said that people who are sole proprietors ,or in a limited partnership, with no employees can elect not to carry WCI. Also, if they do have it, they can elect not to use in in the event of an injury.
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CalamityJane
 
  1  
Reply Fri 17 Dec, 2004 02:31 pm
If the person is an independent contractor and not
an employee of the corporation, then there is no
need for you to cover him under your Workers Comp.

If he elects not to have proper insurance (either
Workers Comp or liability) it is his choice to do so,
however, he won't have any recourses if indeed
he sustains an insury while performing work for you.

So you should not have paid him a dime, and in
order for him to claim negligence on your part, he
would have to prove that first.

Personally, I would not hire anyone - especially
independent contractors - who does not have insurance.

What you can do now is call your insurance agent
you have a corporate liability insurance with and ask
if they cover uninsured contractors. If they do, you'll
get your money back, if not - you then have learned
a valuable lesson.
0 Replies
 
Debra Law
 
  1  
Reply Wed 22 Dec, 2004 04:49 am
Utah
Worker's Compensation Handbook for Physicians -- Utah

Industrial Accidents -- Utah
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