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Kevin M | Looking at 2nd job that asks me to exempt them from workers comp claims. Will primary hlth insur cover me? |
If I'm hurt while moonlighting, will my primary health insurance cover my injuries? |
 |
 
mbrcatz
 |
Nope~! Insuries that are "compensible" through workers comp will NOT be paid by your health carrier, even if your employer doesn't have workers comp in place.
And technically, you can't exempt them from workers claims. In other words, even if you sign a waiver, that won't stop you from being able to collect on the job. (My opinion, but double check it with a lawyer in your state).
Worse, what happens if you're hurt on the job, and can't work your day job? Their workers comp (if they have it!! They may not have it!!) should pay your lost wages from the day job, as well. |
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I'm_Bored
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The only legal way for an employer to do this is if you are an independent contractor, which means taxes are not withheld, etc and you will get a 1099 instead of a W2 at the end of the year.
If you are injured and you are a 1099 employee, you will probably be covered, but you should check the terms of your medical insurance to be sure. It varies by state. You could call them and ask hypothetically if you would be covered.
If this is a regular "W-2" job, what they are asking is illegal and you should not accept the job. You should also consider reporting them to the worker's compensation board in your state. |
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joefunsmith
|
Legally, no. As others have pointed out, if you are hurt on the job and your employer does not have coverage, you are not covered. If they are asking you to exempt them up front, it is possible you would be considered a contractor instead of an employee, but just because they CALL you a contractor does not mean you are. It sounds more like they are trying to skirt the law to save a few bucks. If you are really an independent contractor, you will meet the criteria the IRS requires. (1)
If you really would be an independent contractor, then your health insurance should cover you. Your primary employer's workers comp however would not. Their insurance only covers you on THEIR job. |
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Joey H
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It depends. If you are injured, go to a doctor, and don't tell them that you hurt yourself at work, I would be surprised if your insurance wouldn't cover it. Is that in a grey area ethically--I think so.
If you want to play by the rules, I would follow the advice of others here regarding 1099 status.
Also, the State of TX does not mandate employers provide Work Comp coverage. So, if you're in TX and both of you agree I don't see any issues. In every other state it's mandatory that employers provide all w-2 employees Work Comp. |
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Rod O
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Most state laws do not allow an employer to exempt workers from WC coverage. Check with your local county labor board. |
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idiot detector
 |
I don't know of any states where it is legal for them to ask you to do that. In fact, most state specifically forbid the employer from doing this.
You could really end up screwed if you get hurt because your primary care insurance could say you are covered by workers comp and they aren't liable. |
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Classy Granny
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What they are asking you to do is not legal. Check it out. |
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Yo!
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No. If you're hurt on the job, the workers comp insurance for that employer at that location will pay...but the workers comp for one employer will NOT pay a claim for someone hurt while working for a DIFFERENT EMPLOYER.
Health Insurance....this would work....Workers Comp Ins....NO! |
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MadforMAC
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I would really check into that, I don't think that is legal for them to do that. |
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flashy lady in red hat
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Who is paying for the primary insurance coverage? If you are "self-employed" then you need to buy your own WC insurance. If you are hurt on the job while moonlighting you'll have more problems then just getting taken care of. The tax man doesn't like people that don't pay their taxes on money earned. If you are not on the company payroll then they are not paying into the workman's comp fund for you so I don't think you could make a claim even if you wanted to. Call WC and ask them OR your own insurance agent could help you. |
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