# Workmans comp??



## BaySvcs (Mar 25, 2015)

Whats up with some of these guys needing workmans comp ins? My state doesnt require it, and its just me doing the work and id be excluded from the insurance even if i had it! Doesnt make any sense to me , 
Any way , new here nice to meet all of you


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## JoeInPI (Dec 18, 2014)

In MI you can get a letter from the State outlining the waiver that you send to whomever needs it. Might check that out...


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## Wannabe (Oct 1, 2012)

I require all subs to carry work comp also EVEN 1 man crews when it's not required. It's called a Non-Owners WC policy. Very affordable with a starting premium of $250+/- it doesn't protect you but the hiring party. 

Yes our State does a letter of Waiver but I don't care because liability flows to the GC and I don't run those risks any longer. 

Would I be held responsible for an injury on the worksite with a State Waiver? Probably not BUT the cost to defend can be staggering.


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## JoeInPI (Dec 18, 2014)

Yeah, MI has those too, they are a $750 policy, with $550 refunded at the end of the year if that year had no claims.

All of our general labor comes from a temp agency that carries WC policies for all of their employees. Any of our other companies that we work with are all licensed/insured subs...


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## Justgettinby (Oct 27, 2014)

*Workers Comp*

What the heck is with Cyprexx and Five Bros. They are making me spend $1500 for workers comp. I am in an exempt state and I am my only worker. I sub everything out.


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## Wannabe (Oct 1, 2012)

If you sub everything out YOU definitely need work comp. Paper GC's are huge liability risks.


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## GTX63 (Apr 12, 2012)

Any more questions?


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## BaySvcs (Mar 25, 2015)

I forget that people lik ethis exist, i just assumed natural selection had made them on the short list ! LOL


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## mtmtnman (May 1, 2012)

All depends on your states laws. I know of no cases here where an exempt contractor has been able to go after the person paying him. Our exemption laws are pretty tough here but our WC rates are also some of the highest in the country due to logging and mining,......


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## RichR (Sep 22, 2012)

mtmtnman said:


> All depends on your states laws. I know of no cases here where an exempt contractor has been able to go after the person paying him. Our exemption laws are pretty tough here but our WC rates are also some of the highest in the country due to logging and mining,......


I'm curious if Montana is like NY though in that I have to pay comp on ALL my subs even if they have an exempt form. Bottom line is everyone on a job site will be covered with workmans comp either at their expense or mine per law.


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## mtmtnman (May 1, 2012)

RichR said:


> I'm curious if Montana is like NY though in that I have to pay comp on ALL my subs even if they have an exempt form. Bottom line is everyone on a job site will be covered with workmans comp either at their expense or mine per law.



No, Subs are not required to have WC if they have a valid exemption..........


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## RichR (Sep 22, 2012)

mtmtnman said:


> No, Subs are not required to have WC if they have a valid exemption..........


Matt NY also has exemption for a 1 man show, but the problem is the Company those 1 man subs work for end up getting charged for them during the yearly audits. So in reality those exemptions only exempt the holder from paying comp but not the company that hired them.


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## mtmtnman (May 1, 2012)

RichR said:


> Matt NY also has exemption for a 1 man show, but the problem is the Company those 1 man subs work for end up getting charged for them during the yearly audits. So in reality those exemptions only exempt the holder from paying comp but not the company that hired them.


Than what good is your exemption? Here is how ours works....


*When Hiring an Independent Contractor*

*Make sure you:*


Do not control the method and means of how they perform their work, i.e., providing equipment and training
Have a written contract that states what is to be performed, materials used, start and completion dates, payment based on completed project, and liability for failure to complete the project
Obtain references and check them out to ensure they are experts in their field of work
Check periodically to confirm that they have a valid ICEC or WC insurance on themselves
Ask for proof of their ICEC and verify it is in good standing by searching on our website; or calling our office at







(406) 444-9029
 *Hiring agent can be fined up to $1,000 per violation for:*


Exercising control to create an employee/employer relationship
Requiring an employee to assume an independent contractor status


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## RichR (Sep 22, 2012)

mtmtnman said:


> Than what good is your exemption?


The exemption is good for the actual holder. Not good for any company that carries comp and hires that person.


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