Is the sole owner of an S-Corp required to carry workers compensation for its employees?

UPDATED: Feb 18, 2011

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Is the sole owner of an S-Corp required to carry workers compensation for its employees?

Sole owner of an S-Corp In IL. Is an employee and gets a W-2; has 3-4 other part-time employee’s. Is owner required to carry Workers Comp?

Asked on February 18, 2011 under Employment Labor Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Worker's Compensation Law is generally broad to allow coverage and from what I understand, Illinois has one of the broadest, covering what they believe to be 91% of the workforce.  There are exception, though, and for the best answer I would contact your state worker's compensation commission.  Now, from what I understand, f you have one employee, even a part-time employee, you must obtain workers' compensation insurance, but there are some exceptions to this under the worker's compensation act.  There is also "automatic coverage" for those engaged in what they term "extra hazardous" employment.  And sole proprietors, corporate officers, etc., can exempt themselves under the act.  Speak with the Workers Compensation Commission:

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 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.

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