self-employment and health care/worker compensation question

Previous | Next
 rated by 0 users
Latest post 02-09-2010 5:36 PM by Drew. 7 replies.
  • 02-08-2010 2:15 PM

    self-employment and health care/worker compensation question

    Hi,

    I am from California.

    Is there a law any or all self-employed must be covered with either health insurance or worker compensation benefits by whoever the self-employed works for?   ... self-employed must provide for his or her health insurance or worker compensation benefits when injured on the job, no matter the job performed?  ... For instance:  mowing lawns, nanny, babysitting, etc., and all other jobs as self-employment.

    If so and/or if not, please provide me with law codes.

    thank you,

    riversand

    Michael

  • 02-08-2010 3:19 PM In reply to

    Re: self-employment and health care/worker compensation ques...

    No law requires you have or be provided health insurance.

    If you are injured while self employed, the employer might have other insurance which would come into play.

  • 02-08-2010 3:23 PM In reply to

    Re: self-employment and health care/worker compensation ques...

    The person who employeys casual labor might want to be darn sure that either its clear as a matter of law the person is an IC or WC is excluded--in suit happy  CA if some  14 year old kid gets injured on your property doing some task under your general control--you are going to be in legal crosshairs--

     

  • 02-08-2010 3:41 PM In reply to

    Re: self-employment and health care/worker compensation ques...

    My real question is is the self-employed, an adult, working for someone, is that someone responsible for worker compensation or health coverage benefits of the self-employed? &n... If the self-employed demands coverage, do that someone has to provide coverage or they don't have to because he or she is self-employed? &n... Never mind the mutual agreement.   Just wondering what the law says, if the self-employed gets hurt while performing work on someone's property, I am not talking about that someone causing the injury of the self-employed, actually talking about the self-employed hurt his or her back, accidentally fall at no fault of the person the self-employed work for, etc, then who is legally responsible for that self-employed: &n... self-employed or the person who the self-employed work for?   This is a self-employ issue and I am wondering what the law says.

  • 02-08-2010 5:35 PM In reply to

    Re: self-employment and health care/worker compensation ques...

    No employer is required to provide health insurance.

    Every state has different rules for WC insurance.

    Generally a self-employed person is responsible for their own insurance.

  • 02-08-2010 5:46 PM In reply to

    • cbg
    • Top 25 Contributor
    • Joined on 12-22-2000
    • MA
    • Posts 4,417

    Re: self-employment and health care/worker compensation ques...

    If you are self-employed, then you are not an employee of the "employer". You are an IC.

    In NO state is the "employer" required to provide health insurance to someone who is self-employed, and providing him with services. The same applies to workers comp.

    There are only two states, neither of which is California, where employers are required to provide health insurance to their employees, let alone to a self-employed contractor.

  • 02-09-2010 12:28 PM In reply to

    Re: self-employment and health care/worker compensation ques...

    And many companies will not (for very good reasons) contract with an IC who cannot prove he has WC coverage.

  • 02-09-2010 5:36 PM In reply to

    Re: self-employment and health care/worker compensation ques...

    Many a nanny etc is NOT a true IC and in event they get injured on a job and a determination is made that they were an employee--the employer is on the hook to cover injuries--my homeowners policy covers a limited amount of home type workers--it may or may not be enough.

     

Page 1 of 1 (8 items) | RSS

My Community

Community Membership New Users:

Terms & Conditions   Privacy   Copyright © 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.