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BarbaraD6 (Florida)
Posts: 347
Posted:
One of the board members recently mentioned that the association should get workers comp insurance. The association has never carried it since we have no employees, the insurance broker also thought we should have it. Does your association have no employees but has workers comp insurance?

thanks
Barbara
DonnaS (Tennessee)
Posts: 5,671
Posted:

Barbara,

I see this post comes up often and I am amazed that a professional Insurance Broker said to get it.

Each State has different Workman's Comp rules. The payments to the State are based on wages paid so if you have no wages, there are no payments due. As a non profit corp, you file as such and have no paid employees.

From the Workman's Comp site as to filing requirements

"Non-Construction Industry: An employer in the non-construction industry, who employs four or more part or full-time employees, must obtain workers' compensation coverage. Corporate officers are considered employees, unless they elect to exempt themselves from the coverage requirements of Chapter 440, F.S. Sole proprietors and partners in the non-construction industry are not considered to be employees unless they elect to be employees. The Notice of Election of Coverage, form DWC 251, must be submitted to the Division. Once approved the individual is considered an employee until a Revocation of Election of Coverage, form DWC 251-R is filed with, and accepted by the Division."
RogerB (Colorado)
Posts: 5,067
Posted:
Yes. Why? Because sometimes contractors may drop their workers' comp after getting the contract. Or the contractor may hire subcontractors who do not carry workers' comp. Or the HOA may hire an independent contractor who does not carry workers' comp. Bottom line is we suggest HOAs consider carrying workers' comp.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Roger,

Why would the HOAs liability insurance not be sufficient to cover these people? Barbara is in Florida and contractors are required to have comp insurance in order to be licensed. After the 3 hurricanes in 2004 & 05, there were signs all over the roads saying that Florida requires all contractors to have State licenses.

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