Legal Question in Workers Comp in Maryland

Employer Workers Compensation Requirements for Independent Consultants

I would like to know whether or not a company is required to carry workers compensation insurance on its independent consultants in the state of Maryland...meaning 1099 employees. If so, where can I find additional information about this topic.


Asked on 9/18/00, 8:52 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Employer Workers Compensation Requirements for Independent Consultants

An employer is required to carry workers' comp insurance on statutory employees. If you are working full time for this company and work in a traditional employer-employee relationship, you should be covered, even though the employer tries to get around the worker's comp and FICA laws by trying to classify you as an independent contractor. On the other hand, if you are really just a consultant on a contract or project basis and work for others as well, or if you have your own place of work and aren't under the direct supervision of the company, you are probably not going to able to take advantage of the company's coverage or to proceed against it under the workers' comp law.

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Answered on 10/18/00, 2:07 pm


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