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Started By
Message
Insurance question (commercial)
Posted on 2/27/15 at 1:01 pm
Posted on 2/27/15 at 1:01 pm
Drivers that are hired as sub contractors; Do I need Workers Comp on them? Is there a way around it? Does a GL cover them?
Just tired of dealing with LWCC.
Just tired of dealing with LWCC.
8
Posted on 2/27/15 at 1:06 pm to Placebeaux
quote:
Do I need Workers Comp on them?
Yes
quote:
Is there a way around it?
Ensure that they carry their own WC policy by making them provide you with an active certificate of insurance. If they don't, and are working for you, then they would likely be considered a statutory employee of yours, and could demand coverage from you.
quote:
Does a GL cover them?
Cover them for what?
Posted on 2/27/15 at 1:09 pm to Placebeaux
If they have their own WC you need to get a certificate from them. Otherwise add those messicans to your policy for that job only (its not that much).
Posted on 2/27/15 at 1:11 pm to Placebeaux
Do they get a 1099? Are they driving a truck that is not yours? If so, we require them to supply w.c. if owner/operator state law does not require it, but the mills we deliver to require it, so we require it of any independent contractors that haul for us.
Posted on 2/27/15 at 1:12 pm to Placebeaux
Probably ask an insurance professional instead of a bunch of slapdicks on a message board.
Posted on 2/27/15 at 1:12 pm to Placebeaux
What exactly are they doing for you?
Posted on 2/27/15 at 1:13 pm to boosiebadazz
I resent that accusation.
Posted on 2/27/15 at 1:28 pm to Phil A Sheo
Driving dump trucks
Posted on 2/27/15 at 1:28 pm to Placebeaux
quote:
Drivers that are hired as sub contractors; Do I need Workers Comp on them?
If they are individuals, yes you will.
If they are part of a separate 3rd party company ..no
quote:
Is there a way around it?
Sure.. Don't report it.... Pray nothing happens or LWCC doesn't audit you..
quote:
Does a GL cover them?
Only for liability claims while involved in the nature of business you have them doing
quote:
Driving dump trucks
Gotcha.. Do they have their own trucks?
This post was edited on 2/27/15 at 1:31 pm
Posted on 2/27/15 at 1:43 pm to Phil A Sheo
quote:
If they are part of a separate 3rd party company ..no
I would require that the 3rd party company provide me with a copy of their WC certificate. If not, and the 3P company does not have an active WC policy, he will have exposure as the statutory employer while those drivers are driving for his company.
Posted on 2/27/15 at 1:45 pm to Phil A Sheo
quote:
Gotcha.. Do they have their own trucks?
No. My trucks.
Posted on 2/27/15 at 1:48 pm to Festus
quote:
I would require that the 3rd party company provide me with a copy of their WC certificate
Always.
quote:
3P company does not have an active WC policy,
Would be red flag for me..
quote:
he will have exposure as the statutory employer while those drivers are driving for his company.
Correct.. This is why I tell my clients to be mindful of who they engage ib these types of arrangements with. And never just trust a certificate they give.
This post was edited on 2/27/15 at 1:50 pm
Posted on 2/27/15 at 1:53 pm to Phil A Sheo
Yep. And LWCC will audit his payroll, and factor in premium on all of the 1099 employees that are driving for him without proof of WC insurance. The certificate of insurance should come from the agent, and not the 3P company, to ensure authenticity.
Posted on 2/27/15 at 1:54 pm to Placebeaux
quote:.
No. My trucks.
Safe bet is to just go ahead and add them.. Things can go sideways in a hurry..
Posted on 2/27/15 at 1:56 pm to Festus
quote:
Festus
Are you in the Biz?
Posted on 2/27/15 at 2:00 pm to Phil A Sheo
Yes, from the claims carrier side.
Posted on 2/27/15 at 2:00 pm to Placebeaux
if they are contracted through another company, I would have them send me an Accord(if they have legit insurance they will know what this is) Certificate of Insurance naming your company as the Certificate Holder and have a waiver of subrogation as well as an additional insured endorsement listed for your company as well. I would want the third party company to cover any damages that they may incur and keep if off of your EMR.
This post was edited on 2/27/15 at 2:03 pm
Posted on 2/27/15 at 2:04 pm to Phil A Sheo
quote:
Safe bet is to just go ahead and add them.. Things can go sideways in a hurry..
Yeah youre right. I just hate dealing with LWCC.
Posted on 2/27/15 at 2:07 pm to Festus
quote:
Yes, from the claims carrier side.
Gotcha.
Posted on 2/27/15 at 2:07 pm to Placebeaux
quote:
Drivers that are hired as sub contractors; Do I need Workers Comp on them?
Yes.
If you do not get a certificate proving they have coverage for your audit, the payroll will be picked up by the auditor and you will pay and additional premium.
quote:
Is there a way around it?
get a better agent
quote:
Does a GL cover them?
GL is a 3rd party coverage. Do you have a subcontract agreement in place that transfers the risk?
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