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Jan11

1099 employees

Does Workers Comp cover 1099 employees?

If in fact the employees are independent contractors (there is a lot of confusion on the employee vs 1099 issue for many employers), then they would not be covered by workers compensation.
As defined on the IRS government website, “The general rule is that an individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result.  Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed”.
Ensuring you have the right distinction for all personnel is crucial.  For more information, visit http://www.irs.gov/businesses/small/article/0,,id=99921,00.html.

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This entry was posted on Tuesday, January 11th, 2011 at 10:30 am and is filed under
Benefits, Hiring and Staffing.
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