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Do 1099 contractors need workers compensation coverage? State laws dont require employers to provide workers compensation insurance for 1099 contractors, although the contractors themselves may buy this coverage on their own.
Texas law doesnt consider alternative policies and coverage bought from unlicensed insurance companies as workers compensation. This means you lose your legal protection against lawsuits, and an injured employee could sue you for damages resulting from a work-related injury.
Texas does not require most private employers to have workers compensation insurance coverage. Employers not providing workers compensation insurance coverage are referred to as non-subscribers. Non-subscribers lose important legal protections, including immunity from most lawsuits by injured employees.
A sole-proprietorship or a partnership are included for workers compensation but can elect to be excluded from coverage. LLC Members are included for workers comp unless they choose to be excluded. Corporate officers even though they may be considered employees are included but may elect to be excluded.
Basically, to opt out, youve got to provide written documentation to your employer stating youre opting out of workers compensation benefit coverage because you want to reserve your right to sue them under common law instead.
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