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    needanswers73's Avatar
    needanswers73 Posts: 1, Reputation: 1
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    #1

    Jan 24, 2008, 05:32 PM
    Insurance for 1099 workers
    I am a new painting contractor in ny state and had a question concerning workers comp insurance. I have 4 workers that I will 1099 upon completion of job. Job should take approx one month. Can and do I have to purchase workmans comp.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 24, 2008, 06:02 PM
    First, to 1099 they have to be sub contractors, running their own business, not an employee. As such they would have some freedom to their work, hours and other factors. If they are private contractors, you could and shoould require each of them to have liablity insurance and a contract stating they are not employees but working as a contractor. They also would not be paid hourly but on a commisson or some by the job payment system. And of course they will have to pay all of their own taxes.
    So the money they receive would have to be enough to cover all of those types of expenses. Next you merely go to a full line insurance agent and get a price for workers comp.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 30, 2008, 02:14 PM
    Quote Originally Posted by needanswers73
    I am a new painting contractor in ny state and had a question concerning workers comp insurance. I have 4 workers that I will 1099 upon completion of job. Job should take approx one month. Can and do I have to purchase workmans comp.


    In NYS you CAN'T get Workers Comp for them - they're independents (1099) and not employees.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 30, 2008, 04:53 PM
    You would need to have them sign a independent contractors agreement, very specific that they are not employees. You would be paying them by the job or by the sq foot or some method other than hourly. And there would be restrictions on some of your control over them, since they are independent contractors.

    You may want them to carry some sort of accident coverage on them, I know I write many independent contractors locally accient plans all the time.

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