Workers Compensation Insurance & Subcontractors
Wednesday, July 7th, 2010According to a recent article in the local newspaper (Burlington Free Press) the VT Department of Labor has increased the number of inspectors looking for businesses that do not carry the mandatory workers compensation insurance policy. Apparently seven Burlington businesses have been caught so far and according to the article, the penalties can be very high and are getting higher.
As of July 1, 2010, any business caught without the required coverage can be “closed immediately” and the penalties will increase from the current $150 a day rate to the new and tougher $250 a day penalty for every day the business is out of compliance. OUCH!
Okay - I agree that it sounds harsh, but the alternative can be even harsher. A business owner without this insurance could find himself responsible for medical and financial costs if an employee becoming injured or disabled from a work-related injury or accident. I have heard employers say it’s too expensive, or that their employees don’t do risky work so why bother - but considering that anyone can have an accident no matter how careful the employer is, it’s really not worth the risk of going without this coverage.
One way businesses try to get around the insurance and tax costs of hiring employees is to hire people as subcontractors. The construction industry is notorious for this. Often their workers have no other clients and in effect, since they only work for one contractor, they are being misclassified and should really be treated as employees. As of July 1st, The penalty for this kind of misclassification can be as much as $5,000 for each “employee”. OUCH again!
It’s recommend that you review your use of subcontractors to determine if you fall into this trap. If your subcontractor has other clients, has business cards, carries business liability and workers compensation insurance (ask them for a binder or a copy of their policies), if they have and maintain their own tools and vehicles, and if they can hire their own workers to perform the job, then they are a true subcontractor. If the above does NOT apply to your subcontractors, you may find yourself at odds with the State.
Refer to the VT Department of Labor site for additional information as it pertains to your business practices: http://labor.vermont.gov/InfoCenter/june2004/tabid/292/Default.aspx