Casual Labor Law

Horsewoman

We have an employee that will be working for the summer and fits into the casual
labor law. He will make under $500 in a 30 day period. Since we don't have to carry worker's comp. by law, what happens if he does get hurt? Who will cover it? Does our work insurance, or who?

Down_the_Middle

Without knowing what state you do business in it's impossible to help with an answer. In my experience of working in many different states, if the individual is an EMPLOYEE, they're covered by the w/comp statute. If the person is an indep contractor, then that's a different story, but my guess is that you want to hire someone to work for a definite time period and then fade away. I'll bet your state says that this is covered employment and subject to the provisions of your w/comp statute. Check with your area DOL office.

Anita

You said this person is an "employee", that as far as I know means that you are responsible for their workers comp. whether they work 1 hour 1000 hours or more,and whether they make minimum wage or higher. The only way I know that you wouldn't have to cover them is if you are using an agency, as they usually provide workers comp. on their employees. However, with all the new regs. you and the temporary agency could be liable 50/50 if an accident occurs.