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If a business is a partnership, LLC, or small corporation, employees must be covered by workers comp insurance. Michigan uses the IRS-20 Factor Test for determining whether workers are classified as employees who need workers comp or independent contractors.
b. Sole proprietors only require a workers compensation policy when they have 1 full time or 3 part-time employees. The owner of a sole proprietor is not considered an employee of the business.
Purpose of Form WC-400: To notify the Michigan Workers Disability Compensation Agency that a policy of workers compensation insurance has been issued to an employer.
Under Michigan law, independent contractors are not entitled to workers compensation benefits (unless they carry their own insurance coverage). Disputes concerning employee status are most common in the construction and building trades.
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