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Worker's Compensation Insurance
Workers Compensation Insurance is protection for the employer from the risk of workers getting injured or sick while at work. Also provides compensation for the injured employee including lost wages and medical costs.
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What is Worker's Compensation?
Two main components:
- Statutory Worker's Compensation (per Texas State Law) - Texas, like other states has a Worker's Compensation law that relieves the employer of liability in the case of a employee injury in exchange for being a Worker's Compensation insurance contract subscriber. The hurt employee receives a package of benefits including healthcare, rehabilitation and payments to offset lost wages as set by the same law.
- Employer's Liability - This is additional liability protection for the employer of a hurt worker in the unlikely event that a lawsuit is successful in skirting the Worker's Compensation statue.
A Worker's Compensation contract is rated based on payroll dollars. Each labor function is classified according to the relative risk and the payroll for that group of workers is then calculated based on the rate level for that classification multiplied by the total payroll. Work comp pricing for a worker that does more than one function is always rated based on the most expensive classification.
Who is an "employee" for Worker's Compensation purposes? Unfortunately, this can be a complex definition. Generally, anyone that you are exercising management direction or control over is considered an employee for Worker's Compensation purposes regardless of the payment arrangements. To be considered an "independent contractor," besides being self-employed for tax purposes, the person would not be subject to an employer's direction and control. An independent contractor is hired to do a specific job, handles how and when the job is accomplished and then is paid for the completed job.
All Worker's Compensation policies are audited each policy year. The Work Comp quote based on estimated payroll and labor classification is reconciled to the actual payroll dollars and worker functions.
Very important: an employer that opts not to purchase Worker's Compensation is stripped of their common law defense for a worker injury. Without Worker's Compensation Insurance, your business is one employee injury away from disaster.


