States not requiring workers comp.....

In those states that don't require a contractor to be licensed or carry workers comp (like Texas, for instance), who pays the medical bills if an uninsured employee gets hurt?

I've asked this before and never got an answer.>>>

You do! They can sue you and collect. That is the purpose of WC. It is a comprimize between paying insurance and being liable. If you are carrying WC. you are not liable to be sued. That is the way it is supposed to work anyway. It does get expensive either way!>>>

If an "employee" gets hurt you do! If a "sub contractor" or one of his employees gets hurts the sub does! There is a large company near my area that has had many people injured and some even killed on their jobs. They have never been sued! Every time someone ends up getting a lawyer but when X company produces a signed waiver of workers comp the lawyer drops the case and moves on. :dry: Which means " we all do " as in our tax dollars!>>>

I am not aware of any exemption for worker's comp, except for owners. Some large corporations are 'self-insured', but they must still pay all costs associated with a worker's accident. A rather large risk, no matter how big you are. Imagine a plant explosion at an oil refinery, killing 100 workers. BIG LIABILITY.

If I'm wrong, I'd sure like to know more.>>>

Mike H the waiviers state that the sub agrees and understands that he is responsible for his own workers comp and realeases the main contractor, the contractors customers, affiliates, associates blah blah blah for any and all responsibility arising from injury to himself or any of his employees. In this state that is perfectly legal. The contractor does not have to carry wc if he has less than 5 employees. Same for the sub. :unsure:>>>

http://www.tdi.state.tx.us/consumer/wc.html

http://www.weblocator.com/attorney/tx/law/c25.html

Looks like Texas, New Jersey, and South Carolina do not have mandatory workers comp laws.

>>>

Willie, you can get away with that crap in a lot of states.

That stuff JSC posts surprises me though.>>>

So if a guy subs some work from us (we have many employees) and he has less than 5 does he need to carry comp?>>>

"That stuff JSC posts surprises me though"

How so?>>>

If someone gets hurt or killed and their "employer" has no comp insurance, the injured person will be treated and the hospital will get paid. They will just keep moving down the line until they find somone with insurance and that person or company will pay. Sorry about that!>>>

JSC,

For example "Generally, Texas law allows employers to elect whether to cover their employees under the workers' compensation program. Texas, New Jersey and South Carolina are the only three states still allowing employers this election. Employers who elect not to accept the provisions of the program lose the right to assert certain defenses if they are sued."

I had no idea that such options existed anywhere, let alone in three states. I thought WC was law of the land.>>>

It's kinda bizarre, given the costs of medical treatment isn't it? Most contractors would simply have to file bk under the liability of even one moderate employee injury if they were the indemnitors. That leaves only the state to foot the bills.>>>

That is why we have to pay about $10.00 per man hour worked for WC when we are working on roofs. Ouch!>>>

..............yeah, we're at 42% so right about the same......crazy.....>>>

Were at 32 % now and loving it!>>>

Under the common law, employees assume the risk and can only impose liability on the employer if negligence exists. Texas is still under common law re: employer-employee relations and workman's comp is voluntary; and, if the employer volunteers, the employee has the right to opt out thus preserving his right to sue his employer for negligence.

So to answer the question, an uninsured employee is in the same position as any other uninsured person. If he gets hurt on the job or anywhere for that matter, the emergency room will treat him then send him the bill. I believe medical bills are the number one reason most folks file for bankruptcy.>>>