Workers Compensation
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Workers Compensation Information
Workers compensation laws were created to ensure that employees who are injured on the job are provided with a means by which they can recover damages for their injuries. Many business owners ask me "Do I Need Workers Compensation Insurance?" My answer is always....."That Depends." For instance, if your are a sole proprietor and have no employees, you really don't need Workers Compensation Insurance as the likelihood of you suing yourself as a result of being injured on the job is slim. However, if you do have at least 1 employee, the potential of getting sued by an injured worker does in fact exist. With that in mind, you do need Workers Compensation Insurance under that scenario.
Each state has their own statutory requirements that dictate when an employer is required to have Workers Compensation Insurance. For instance, in the State of Virginia, an employer with "Two or More Employees" is required to have Workers Compensation Insurance.
Now comes the part where some employers try to get creative in an effort to avoid paying Workers Compensation Insurance premiums. Some will say, "I don't have any employees....only 1099 contractors" The tricky part comes in when attempting to define an employee versus a 1099 contractor. According to virtually every Workers Compensation Commission (and most court systems), if an employer "exercises control" over when work is performed, where the work is performed, the manner in which the work is performed, they individual in question is not a 1099 contractor, but an employee.
The fines imposed by state Workers Compensation Commissions can be severe, so check with you local commission to make sure you are in compliance.
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