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working for 2 companies Do both have to pay for work comp insurance? Wisconsin

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  • working for 2 companies Do both have to pay for work comp insurance? Wisconsin

    I am currently working for 2 companies doing the same kind of work. They "share" insurance - meaning they are both on the same policy. They are LLC the same person is the managing member of both that is how they are on the same policy. I work about 32 hours a week and my time is split about 70/30 between the 2. Now the company that I work 30% for wants me to work as a Subcontractor instead of an employee so that they don't have to pay twice for workcomp. would each company have to pay for workers comp insurance or do you think it would all be lumped into one. Same question applies for Unemployment insurance to both fed and state (I am in wisconsin). If anyone can give me more insight into this I would greatly appreciate it.

  • #2
    Workers' Comp Insurance is based upon "exposure," which basically means your pay. So there is really no cost savings for them to have one policy.

    It is legal for two companies to have one policy (our carrier attempted to force us to have one policy, which we did not want and NCCI -- the national body for WC policies -- supported us in having separate policies).

    If one company makes you an independent contractor, they would save money, since they would not have to pay WC insurance for your pay while working for them. You would have to pay for any work related injury. You could sue them for it, if they were liable. Suing them for an injury that was incurred because of an unsafe act on your part would likely not succeed, even though such an injury would be covered by WC.

    I would question whether they could legitimately classify you as an independent contractor.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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