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Re: Workmans Comp "ghost"


Below is the section of the Alabama Law that governs subcontractors. I believe that, even though this states “is engaged in the business of constructing or assisting on-site in the construction of single-family, detached residential dwellings”, it would apply to cable installation as that is assisting in the construction of residential dwellings. While I would check with an attorney to be certain, my understanding is that this also applies to Independent Contractors in our field as they are self employed and therefore exempt from this type of insurance if they so elect.
Below the Law reference are 2 links, which will bring you directly to the Alabama Department of Industrial Relations web site. If I can be of any more help feel free to email me.
Good Luck!
Chris Stettner

Alabama Workers' Compensation Law

Article 3 Elective Compensation Under Contract of Employment.

Section 25-5-50

Articles not applicable to certain employers; exemption for corporate officers and independent contractors; coverage for school boards and volunteer fire departments and rescue squads; licensed real estate agent and product demonstrator not employee.

(h) An independent contractor, as defined by the guidelines of the United States Internal Revenue Service, who regularly employs less than five employees in any one business, and who is engaged in the business of constructing or assisting on-site in the construction of single-family, detached residential dwellings, may file with the Department of Industrial Relations, Workers' Compensation Division an affidavit of exemption from workers' compensation coverage which affidavit shall certify that the independent contractor desires to be exempt and to exempt his employees from being able to recover under the workers' compensation policy or self insurance of a person for whom the independent contractor will perform work as an independent contractor. This affidavit of exemption must be filed with the Alabama Department of Industrial Relations, Workers' Compensation Division, which shall validate it. An affidavit validated under this section is binding and holds harmless from all workers' compensation benefit claims of injured employees of an independent contractor a person who contracts with an independent contractor as described above after receiving a copy of the validated affidavit and the workers' compensation insurance carrier of the person who contracts with such independent contractor. Nothing herein is intended or shall be construed as abrogating the liability of or immunizing the person who contracts with an independent contractor as described above from third party liability to an injured worker pursuant to Section 25-5-11, or pursuant to any other provisions of statutory or case law other than the Workers' Compensation Act as described above.

(Code 1923, §7543; Acts 1939, No. 661, p. 1036, §2; Code 1940, T. 26, §263; Acts 1971, No. 667, p. 1376, §3; Acts 1973, No. 1062, p. 1750, §5; Acts 1975, No. 565, p. 1299, §2; Acts 1975, 4th Ex. Sess., No. 86, p. 2622, §3; Acts 1979, No. 79-325, p. 488; Acts 1983, No. 83-592, p. 925, §1; Acts 1984, No. 84-322, p. 741, §2; Acts 1992, No. 92-537, p. 1082, §10; Acts 1993, No. 93-649, p. 1121, §1; Acts 1996, No. 96-260, p. 289, §1.)

http://dir.alabama.gov/wc/
http://www.legislature.state.al.us/CodeofAlabama/1975/123309.htm

That's it!(bigsmile)
This is CABL.com posting #119839. Tiny Link: cabl.co/mFk3
Posted in reply to: Workmans Comp "ghost" by drifterdawg
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