Comp questions

[JoeyD74]

How can I make sure I am covered for comp on a person who I hire for one to two weeks at a time? They want to be 1099 but I want to cover myself. I know they don't have comp.
I have comp for myself and get a payroll check, even though its just me.

 

[gadfly56]

How can I make sure I am covered for comp on a person who I hire for one to two weeks at a time? They want to be 1099 but I want to cover myself. I know they don't have comp.
I have comp for myself and get a payroll check, even though its just me.

There's an earlier thread about 1099 subs. Be real careful. Even if he wants to be 1099, it's how you use him that determines whether he actually is or not.

 

[69gp]

How can I make sure I am covered for comp on a person who I hire for one to two weeks at a time? They want to be 1099 but I want to cover myself. I know they don't have comp.
I have comp for myself and get a payroll check, even though its just me.

If it were me he either goes on the payroll or he can go down the road. No under the table, cash or 1099.

 

[goldstar]

Obviously someone has to pay the WC. From what I understand a 1099 (or casual labor) employee has to provide his own WC insurance. If he doesn't, you have to provide it and pay the premiums.

 

[LEO2854]

How can I make sure I am covered for comp on a person who I hire for one to two weeks at a time? They want to be 1099 but I want to cover myself. I know they don't have comp.
I have comp for myself and get a payroll check, even though its just me.

The only way you can 1099 him is if he is at least a journeyman electrician and has his own liability and comp insurance, then he should be invoicing you when he works for you, otherwise he must be an employee W-2 and you must carry the comp and UI insurance for him.

If you do use him as a contractor he should provide you with an affidavit that he has the proper insurance.

 

[iwire]

The only way you can 1099 him is if he is at least a journeyman electrician and has his own liability and comp insurance, then he should be invoicing you when he works for you, otherwise he must be an employee W-2 and you must carry the comp and UI insurance for him.

If you do use him as a contractor he should provide you with an affidavit that he has the proper insurance.

:thumbsup:

 

[zbang]

Let's be a little more clear- if the person is a licensed business (proprietorship/partnership/corp), then you're hiring the business which should have it's own WC/liability/etc insurance and their insurance agent should be able to get you a cert. of insurance. You also issue the business a 1099 if they're paid over $600; many people forget this.

If you're hiring an individual, then you need to provide all the insurance stuff and 99% chance they're an employee, even if only for a day. For occasional work, you can hook up with a employee leasing company, but that's probably more trouble and cost than it's worth.

 

[Canton]

The only way you can 1099 him is if he is at least a journeyman electrician and has his own liability and comp insurance, then he should be invoicing you when he works for you, otherwise he must be an employee W-2 and you must carry the comp and UI insurance for him.

If you do use him as a contractor he should provide you with an affidavit that he has the proper insurance.

Be careful with that. Most Jurisdictions require a 1099/subcontractor to have a Masters or Contractors License. A Journeyman's license does not qualify him to be in business. That would only qualify him to work under a Master. He would still be required to carry everything a regular contractor would have to have.