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Washington Avoid Liability for Your Subcontractor's Unpaid Workers' Comp Premiums

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Washington
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WA-SKU-3410
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Avoid Liability for Your Subcontractor's Unpaid Workers' Comp Premiums

Washington Avoid Liability for Your Subcontractor's Unpaid Workers' Comp Premiums are designed to protect contractors from the potentially severe consequences of having a subcontractor fail to pay its workers' compensation premiums. This is done by requiring contractors to enter into agreements with subcontractors that include provisions that ensure that the subcontractor pays its workers' compensation premiums in full when due. Washington's state has enacted legislation that requires all contractors to enter into such agreements with their subcontractors and provides a penalty if the contractor fails to do so. There are two types of Washington Avoid Liability for Your Subcontractor's Unpaid Workers' Comp Premiums, both of which require the contractor to enter into an agreement with the subcontractor that outlines the specific requirements for payment of the workers' compensation premiums. The first type is known as the “Security Agreement”, which requires the contractor to obtain a security interest in the subcontractor’s property or assets in order to secure payment of the premiums. The second type is known as the “Liability Agreement”, which requires the contractor to agree to be held liable for the unpaid workers' compensation premiums if the subcontractor fails to pay them. Both types of agreements are designed to protect contractors from the financial risks associated with having a subcontractor fail to pay their workers' compensation premiums, but they do not provide any protections for the subcontractor’s employees. As such, contractors should always ensure that their subcontractors comply with all applicable workers' compensation laws and pay their premiums in full when due.

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FAQ

Coverage is mandatory. In return, your worker ordinarily cannot sue you for damages when a work-related injury or illness occurs. Employers purchase coverage through the Department of Labor & Industries (L&I). L&I manages all claims and pays benefits out of an insurance pool called the Washington State Fund.

An independent contractor works independently. An employee works under the control of the employer. An independent contractor must personally perform the task. An employee can delegate tasks.

RCW 49.44. 160. ?Misclassify" and "misclassification" means to incorrectly classify or label a long-term public employee as "temporary," "leased," "contract," "seasonal," "intermittent," or "part-time," or to use a similar label that does not objectively describe the employee's actual work circumstances. RCW 49.44.

A waiver of subrogation means that a business and their insurance company is foregoing all rights to file suit, or seek damages, from another business.

The individual: Is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service contract, or. Has a principal place of business that is eligible for a federal income tax business deduction; and.

A 1099 worker is an independent contractor whom you pay for a specific task, while a W-2 employee is a person who receives a regular wage or salary for performing a role in your company.

Independent Contractors. All workers in Washington are entitled to workers' compensation unless they fit strict exemption definitions. Make sure you understand your business' requirements for covering workers, including independent contractors.

The law further states that independent contractor status is evidenced if the worker: (1) has a substantial investment in the business other than personal services, (2) purports to be in business for himself or herself, (3) receives compensation by project rather than by time, (4) has control over the time and place

More info

As a contractor, you know that you must pay workers' compensation premiums for all of your own employees. But what happens if your subcontractor fails to pay.General liability insurance helps protect your business from different claims. Do subcontractors need workers' comp? You may be liable for the independent contractor's unpaid premiums because you failed to get proof of coverage. To avoid being held liable for the unpaid premiums of another company, you can ask the company to provide you with a Certificate of Compliance. In most states, independent contractors aren't required to carry workers' compensation coverage for themselves, but they can choose to do so. If not, you will be held responsible for unpaid premiums. For more information, refer to Avoid Liability for Your. A: No. Workers' compensation insurance is part of your cost of doing business.

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Washington Avoid Liability for Your Subcontractor's Unpaid Workers' Comp Premiums