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85celica

Junior Member
What is the name of your state? New York State

I posted this at a another thread but i think it belongs here.
I am a Sole Proprietor of a small Landscape Company my husband wants to volunteer his services on occasion would i have to have Workers Comp coverage on him even though he is not a paid
employee? He has full health coverage at his full time job that would
cover injuries if any. I cant seem to get a clear answer anywhere on this because laws differ greatly where family members are involved.
 


clueless3

Member
Every state's workers' comp law is different, but in general, your company is EXEMPT from having to have workers' comp insurance if it's a sole proprietorship or a closely held corporation with few employees, or if all the employees are immediate family members.

"Every employer is liable to pay compensation in every case of personal injury or death of an employee arising out of and in the course of employment. Employers who have not been approved for self-insurance must to provide workers' compensation insurance for their employees. Employers are generally defined as those who hire others to perform services. Employees are generally defined as people performing services for another for hire, including minors and workers who are not citizens.

Some entities, if they have no employees, are not employers, so they have no one to insure:

Sole proprietorships: Individually or family run, non-incorporated businesses owned by one person, including true independent contractors, where any employees are immediate family members (a spouse, parent or child, regardless of age). Note: After a non-immediate family member is hired, insurance is required."
 
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