Workers Compensation

[metfanjim]

My business is in Texas and I handle about 20 commercial properties and on none of them am I required to carry Workers Compensation. I recently acquired a couple of new properties and have been servicing them for a couple of months. They now have left a message for me to send my liability and workers comp papers to them. Of course I carry liability but I choose not to carry WC because of the great expense. Any input on options, or what I might tell the management company so as not to lose these properties. I was never told that WC would be required.

[Eric ELM]

Do you have employees? If so, you should have it for your own protection since one lawsuit could have you working for your employee for the rest of your life. :(

[Eric ELM]

metfanjim
Junior Member
San Antonio, TX

Registered: Apr 2001
Posts: 2
I have three employees and I have waivers on the other properties and my employees sign a form stating that they understand that I do not carry Workers Comp.

I think you meant to post this here on this thread. You clicked on New Thread and you should of clicked on Post Reply to get it on this thread.

I have never heard of doing this. Is it legal?
Are you sure you are protected from any law suit?

[GroundKprs]

In most states it is state law that an employer must carry worker's compensation insurance on employees. In Indiana a sole propietor with no employees can get an Independent Contractor Affidavit of Exemption to prove to clients that he is not required to carry worker's comp.

If commercial clients knew that you did not have worker's comp, in most states they would drop you like a hot potato, because they are then opening themselves to liability if your employees are injured on their property. And the employee form will not hold water if any of them get hurt and go to a lawyer - the state will force you to pay out of your pocket, if you have no insurance. Suggest you peruse your state regs at http://www.twcc.state.tx.us/

[Fine Lines Lawn]

I initially bought workmans comp insurance because a new large customer required it. Now, I couldn't imagine being without it.

[eggy]

I have workers comp also. Price well, lets say it beats working the rest of your life for someone who got his foot cut off.....get workers comp you will not regret spending the money.....One LCO here had a guy get his finger tip cut of the price for The LCO operator ,hospital lost work etc for his guy was $25,000.00

[Fantasy Lawns]

I know that Texas allows yu'all to elect NOT to have WC ...but we had a guy cut the tip of his finger off 2 years ago and with out WC it would have cost ME $8k just for the Hospital stuff .... I also know of a guy that had a worker get his front teeth knocked out ......I think Charley is still paying for that one !! but he has WC now !

[parkwest]

Workers comp is for you, the employers benefit. Do you play russian roulette in your spare time for relaxation?

[Avery]

This is why I do all commercial work and no resiential. If you don't have liability/workmans comp/chemical applicators license/etc. you are not really a legit service and can't land contracts that licensed/insured companies do. Waivers will not hold up. Get insured before it costs you more than a contract.

[LoneStarLawn]

Get workers comp through your insurance agent...

Workers Comp in Texas is not reguired unless you have more than 3 employees

[double e]

You could try sub-contracting your emplees out

[LoneStarLawn]

Contract labor is still under worker's compensation regulations...

[parkwest]

Originally posted by double e
You could try sub-contracting your emplees out

Knew a framing contractor who tried to claim his employees as subs. The amount he's was fined came to a little over $78K.

[David Gretzmier]

the price is a killer, but you have to have workman's comp. Dave

[gene gls]

From what I under stand, W/C is based on your payrole.The more workers the higher the cost. I always carry it just to be covered if I need a helper for a weekend.

Gene

[TPnTX]

Risk Management is a fundamental issue of Business. Using prudent business judgment any risk which you cannot absorb should be transferred to someone else. The fact is you cannot absorb a single incident.

Its tough and it all depends on what you have to loose. In Texas if you rent or have little equity in property, you make payments on all your equipment or simply have few assets, it is extremely easy to talk yourself out of subscribing to workers comp. Not me I got too much to loose so it's an easy decision.

I was surprised to learn I'm the only company in my area that carries it.