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mowZ06
05-17-2010, 07:28 PM
I have been in the mowing and landscape maintenance business for over 20 years. I have many upper income accounts and have never been asked if I have workers comp. I am fully insured,etc but chose not to have workers comp on myself or my wife who works the business with me. Today I was asked this question from a client that I have had for around 5 years as a mowing only . Actually the person was the cpa of my client who handles their book keeping. I told her that I was fully insured against damaging property. She was concerned that if my mower tipped over on her hillside and cut my leg off I could sue them :rolleyes: The interesting kicker here is that I just landed the landscape maintenance job on her property for 2000.00 because her old company was doing very poor job and the book keeper wanted her nephew who is unemployeed ? to do the job and my client wanted me to do the work:) I was just curious if anyone else has workers comp and no employees.

nepatsfan
05-17-2010, 07:32 PM
tell her that you can sue her whether you have workers comp or not. I have it but I don't think I am even covered by it, just my employees. I'm not sure though.

mowZ06
05-17-2010, 07:47 PM
I called my insurance agent and he said I would have a very hard time sueing them anyway. I would have to prove they were the cause of the accident and not my own .

nepatsfan
05-17-2010, 07:49 PM
I called my insurance agent and he said I would have a very hard time sueing them anyway. I would have to prove they were the cause of the accident and not my own .

You can sue anyone, whether you have a case or not is another matter. Just tell her to settle down and that you will do a good job, you wont tip over your mower, and if you every did you will not sue her.

MDLawnman
05-17-2010, 10:06 PM
I checked on workman's comp here in Maryland once before I bid on a government contract. The bid required that I have the Workman's insurance. I have a small company - just me & the Mrs. no other employees. No one would write a policy for just me & my wife. I don't know if that's unique to this State or to the insurance industry as a whole.

nepatsfan
05-17-2010, 10:18 PM
I checked on workman's comp here in Maryland once before I bid on a government contract. The bid required that I have the Workman's insurance. I have a small company - just me & the Mrs. no other employees. No one would write a policy for just me & my wife. I don't know if that's unique to this State or to the insurance industry as a whole.

How long have you been in business? I think the insurance companies want you to be in business for 3 years. I believe you can get it through the state in a pool if you cant get it from a private company. My buddy just went through this. I was trying to help him but he was in a different situation than me and needed to get his insurance through the state.

bentleytn
05-17-2010, 10:40 PM
I think you have gotten like advice, but she is probably covered regardless of your coverage under her homeowners insurance. You would have an impossible time getting work comp on yourself or your wife.

nepatsfan
05-17-2010, 10:42 PM
I think you have gotten like advice, but she is probably covered regardless of your coverage under her homeowners insurance. You would have an impossible time getting work comp on yourself or your wife.

I dont think so. You can put yourself on a workers comp policy.

LwnmwrMan22
05-17-2010, 10:45 PM
My insurance guy told me to put myself on worker's comp, it's cheap insurance.

Secondly, I used to be solo, but had to carry worker's comp because the commercial accounts needed the certificate of insurance.

Here in MN, there's a quasi state agency that you could get a policy, it was about $300 +/- and then at the end of the year, they would do an audit of your payroll, and if you didn't have any payroll, you'd get the $300 back.

corey4671
05-17-2010, 10:47 PM
In Tennessee you can get a WC certificate if you are solo. You can't really CLAIM anything on it, but it is a certificate you can purchase, I think it's $750 a year so you can be legal to bid on jobs that require it. I think it's a binch of bull but it is what it is. Part of doing business. There are jobs I'm glad that it's required because it keeps some of the lowballing scrubs from even being eligible to bid.

bentleytn
05-17-2010, 10:49 PM
Getting it back makes sense, its a liberal forum of forced insurance for employees. Very tough to justify WC on a solo self employed in most states. Good luck.

sdk1959
05-17-2010, 10:54 PM
You can sue anyone, whether you have a case or not is another matter. Just tell her to settle down and that you will do a good job, you wont tip over your mower, and if you every did you will not sue her.

Yeah, you can initially sue anyone but frivolous lawsuits are dismissed by a judge right away the rest are lost if the case has no merit. Plus no lawyer would take such a weak case on a contingency basis. Meaning you pay the lawyer upfront out of pocket whether the case is won or lost.

nepatsfan
05-17-2010, 11:00 PM
Yeah, you can initially sue anyone but frivolous lawsuits are dismissed by a judge right away the rest are lost if the case has no merit. Plus no lawyer would take such a weak case on a contingency basis. Meaning you pay the lawyer upfront out of pocket whether the case is won or lost.

Absolutely...I agree 100%. My point was a homeowner could say that you can sue for just about anything. If you are a solo operator and she wants him to have comp its almost like she is looking for excuses or just being a pita. The guy delivering her newspaper could slip on her walkway and sue her too. Its just kind of a stupid thing, I hear what you are saying and I agree.

sharpcuts
05-17-2010, 11:36 PM
In most states worker's comp doesn't cover the owners unless you specifically request it. I always thought that paying $750 for what they call a "ghost" policy was absurd. You pay for a policy that covers nothing & all you get is a certificate! Oklahoma does it the most sensibly of anywhere I have ever lived. The state actually has an exempt status affidavit for solo guys that you fill out, have notorized & it replaces the need for a certificate. Everyone has to accept it. Makes sense to me. Used to live in NC. That state LOVES insurance companies, HATES small business owners.

1grnlwn
05-18-2010, 09:43 AM
Since when does an insurance agent not recommend a policy? And they are all cheap insurance. They are one reason I went back to solo.

Yarden Of Eden
05-22-2010, 03:59 AM
My insurance guy told me to put myself on worker's comp, it's cheap insurance.

Secondly, I used to be solo, but had to carry worker's comp because the commercial accounts needed the certificate of insurance.

Here in MN, there's a quasi state agency that you could get a policy, it was about $300 +/- and then at the end of the year, they would do an audit of your payroll, and if you didn't have any payroll, you'd get the $300 back.

I'm from MN and I have never heard of this... more info please?

LwnmwrMan22
05-22-2010, 07:47 AM
Berkeley Risk Administrators. If your insurance person can't get them, PM me and I'll send you my agent's phone number.
Posted via Mobile Device

nepatsfan
05-22-2010, 08:34 AM
I'm from MN and I have never heard of this... more info please?

You pay for workers comp based on an estimate of what you are going to pay out in the coming year. I think we pay around $4 per hundred dollars of payroll for landscaping. Then at the end of the year they audit your books and see how much you actually paid out and you pay the difference or they credit you on the following year. If you use a payroll service some will just take it out every week for exactly the amount you owe every week. Then you dont need the audit. I would say that any solo guys its not really worth getting but insurance is only good when you need it.

lilweeds
05-22-2010, 08:39 AM
I have Worker's Comp and no employee's. Also if your wife isn't the owner of the business she might need to have it by LAW!

JohnBanks
05-22-2010, 08:43 AM
It all matters if you are DBA or Incorporated.