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A 2004 article in the HabitatMag archives called "Workman's Comp: Slip Sliding Away" says "Sole proprietors and businesses with no employees, however, are not required to have workers' comp. If a shareholder is hiring an independent contractor, that contractor does not need to show that he is covered by workers' comp, but he still needs to have liability insurance?
Is a super who is doing work for a shareholder on his own time still covered by the building's liability insurance or, since it's his own time, would the super be considered an independent contractor who needs his own liability insurance?
We need guidance. How do other buildings handle this? Looking for best practices.
Does anyone know if this is currently true? It is from the web. Thanks
"... all building owners and managers with employees are required under New York State law to carry workers compensation coverage, which covers on-the-job injuries and occupational illnesses. Many boards may not be aware that participating in programs such as work safety groups—independent groups put together by insurance companies in pooled coverage—could result in a 30 percent or higher dividend and lower premiums on their workers compensation coverage. The savings is based on claims experience of the individual properties of safety group members. According to Kaminoff, at the end of the year, a board could receive a check worth 30 percent of what they paid into workers' compensation for them to deposit right back into their reserve account.
As an example, Carlson cites the FNYHC's program specifically for building owners and managers. By purchasing through the Federation's Safety Group, members were able to save approximately 60 percent on their workers compensation insurance premiums. Their coverage is through the Durnan Workers' Compensation Safety Group, which handles more than 5,000 New York properties.
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The coop (and the board, mang agent, etc) open themselves up to full liability when allowing staff to do "side Jobs." For one, if he/she is not independently insured - with all papers signed as with outside contractors - and he/she damages anyone's property or slices off his hand - the coop is liable. Period. He is an employee. Allowing "side jobs" has the makings of a very big and costly mess. It also opens up the employees to working on building time and using bldg supplies. Which they do all the time without telling you. Side jobs = bad idea.
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