If I’m a 1099 independent contractor, should I have to pay for my own workman’s compensation?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m a 1099 independent contractor, should I have to pay for my own workman’s compensation?

Or is that the company responsabilty. I worked for a bodyshop.

Asked on January 16, 2013 under Employment Labor Law, Minnesota

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Minnesota Workers' Compensation law states that employers must provide worker's compensation for employees or else be self-insured: There are limited exceptions under law.  Fines and penalties for failure to provide insurance may be imposed for violations of law. The name of the governing law is the Minnesota Workers' Compensation Act.  In general the test for who is an employee versus who is an independent contractor has to do with the amount of control that the 'employer' exerts over the manner and method by which the 'worker' performs his/her work, but the factors that need to be analyzed in a given instance are many.  Just because someone is stated to be an independent contractor does not mean that person is an independent contractor with regard to the applicability of workers' compensation coverage requirements. I would urge you to seek counsel from a qualified private attorney regarding your needs and issues.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption