Legal Question in Construction Law in California

If three people can own a construction company and they are the only employees do you still need workman�s comp. insurance?


Asked on 10/01/09, 7:48 pm

2 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Typically owners need not be covered, so the answer is probably no. However, it may depend on the form of the business (partnership, corporation, LLC, etc.).

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Answered on 10/01/09, 8:45 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think Mr. Berger is on the right track, but as I recall, even co-owners need to do something, such as maybe filing a formal declaration that they have elected to opt out of coverage. I don't think owners can simply ignore the workers' comp laws and sit back and rely on an automatic exemption. One way to get an expert opinion cheaply would be to have a sit-down conversation with a worker's comp insurance broker near you. The costs of making an erroneous assumption of automatic exemption could be disasterous.

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Answered on 10/02/09, 12:45 am


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