States not requiring workers comp.....

In those states that don't require a contractor to be licensed or carry workers comp (like Texas, for instance), who pays the medical bills if an uninsured employee gets hurt?

I've asked this before and never got an answer.>>>

Well, the standard is more like gross negligence. iow, the employer would have to push the employee off the roof to be liable.

Anyway, the prices in Texas are so cheap for residential roofing, workman's comp ain't in the budget.>>>

Hmmm, from what I've seen from lawyers, there are few injuries that they wouldn't portray as employer negligence. For instance, if a guy cuts himself with a saw, he wasn't properly trained. Or the saw was faulty. Or the blade was dull, resulting in kickback, etc etc.

I know of one instance in particular where a roofer was doing a bur, and the crew removed a temp cover over a skylight opening so they could flash the curb. He lost his balance and fell two stories to the concrete floor, causing major injuries. There was a blood test at the hospital, and it showed he was on heroin. Didn't matter, he got a half million in settlement besides huge medical bills paid by the employer's wc carrier. (Of course he went through the money within two or three years)>>>

Under the common law, employees assume the risk and can only impose liability on the employer if negligence exists. Texas is still under common law re: employer-employee relations and workman's comp is voluntary; and, if the employer volunteers, the employee has the right to opt out thus preserving his right to sue his employer for negligence.

So to answer the question, an uninsured employee is in the same position as any other uninsured person. If he gets hurt on the job or anywhere for that matter, the emergency room will treat him then send him the bill. I believe medical bills are the number one reason most folks file for bankruptcy.>>>

Were at 32 % now and loving it!>>>

It's kinda bizarre, given the costs of medical treatment isn't it? Most contractors would simply have to file bk under the liability of even one moderate employee injury if they were the indemnitors. That leaves only the state to foot the bills.>>>

JSC,

For example "Generally, Texas law allows employers to elect whether to cover their employees under the workers' compensation program. Texas, New Jersey and South Carolina are the only three states still allowing employers this election. Employers who elect not to accept the provisions of the program lose the right to assert certain defenses if they are sued."

I had no idea that such options existed anywhere, let alone in three states. I thought WC was law of the land.>>>

"That stuff JSC posts surprises me though"

How so?>>>

Willie, you can get away with that crap in a lot of states.

That stuff JSC posts surprises me though.>>>

http://www.tdi.state.tx.us/consumer/wc.html

http://www.weblocator.com/attorney/tx/law/c25.html

Looks like Texas, New Jersey, and South Carolina do not have mandatory workers comp laws.

>>>

Mike H the waiviers state that the sub agrees and understands that he is responsible for his own workers comp and realeases the main contractor, the contractors customers, affiliates, associates blah blah blah for any and all responsibility arising from injury to himself or any of his employees. In this state that is perfectly legal. The contractor does not have to carry wc if he has less than 5 employees. Same for the sub. :unsure:>>>

I am not aware of any exemption for worker's comp, except for owners. Some large corporations are 'self-insured', but they must still pay all costs associated with a worker's accident. A rather large risk, no matter how big you are. Imagine a plant explosion at an oil refinery, killing 100 workers. BIG LIABILITY.

If I'm wrong, I'd sure like to know more.>>>

If an "employee" gets hurt you do! If a "sub contractor" or one of his employees gets hurts the sub does! There is a large company near my area that has had many people injured and some even killed on their jobs. They have never been sued! Every time someone ends up getting a lawyer but when X company produces a signed waiver of workers comp the lawyer drops the case and moves on. :dry: Which means " we all do " as in our tax dollars!>>>