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Re: workers comp


Sure it is. The employer can require whatever they want (for the most part). The real question here is does he have to accept the exemption, and that answer is no. Now should he accept it, in mine and many, many others opinion, yes.

But then there are other things involved here. ANY workmans comp policy, be it an exemption or a straight policy, needs to come from the contractors state he resides in, at which point fulfills all requirements for being in compliance with workmans comp laws. I've been thru this several times and ultimately the prime ended up seeing things the correct way and accepted my exempted policy.

One question for you I have is this, do you have anyone else working with or for you? If so an expted policy is invalid as it only covers the one person it is assigned to. For 2 or more, a straight policy is mandatory, no getting around it.

But if it is just you, then there is no reason at all for an exempt policy to be refused. If you have one from your state of residence that is. There are still alot of primes that really don't understand workmans comp exempt rules/regulations. What it comes down to, if you have a workmans comp certificate with account number, that should be all you need. Not sure about any other state that does exemptions (as not all states have that choice) but here in Ohio, the certificate is the same for both exemp as well as straight and makes no distinction about which type it is. So just produce your certificate and don't say anything.

Finally, there are others that simply require a policy from the state the work is being performed in, because they are told that is what the MSO requires. And if the MSO requires it well, that's it. Nothing illegal about it at all. It is not necessary, but they are the ones paying so they make the rules they want followed.

Hope this helps. Good luck.

*EDIT*   Just reread the question. Not sure if you edited it but anyway, if you have an exempt policy, that is a policy so there is really nothing else they can make you buy. Now, are you asking if it is legal to make you buy a policy thru them? Your question doesn't make alot of sense, can they still make you get a policy when you already have a policy.


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Posted in reply to: workers comp by CABLEDAWG2K
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