Do 1099 Employees Need Workers Compensation in California?

December 6, 2022

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By: Vernon Williams | Commercial Agency Advisors & Principal

888-412-7630 | vwilliams@thebrightonfinancial.com

Category: Commercial Insurance

Short answer.... even though the majority of Californian employees are covered by workers’ comp. insurance through their employers, independent contractors, or 1099 employees are responsible to obtain their own workers' compensation insurance, rather than the responsibility of their hiring company.


Independent contractors are not considered employees under California law, so they are not automatically covered by their employer's workers' compensation insurance. This means that if an independent contractor is injured on the job, they will not be able to file a claim for workers' compensation benefits unless they have their own insurance.


But first, let's define what a 1099 employee is!


What is A 1099 Employee?


The simple answer is there is no such thing as a 1099 employee. An individual worker is either a W-2 employee or they are a 1099 Independent Contractor.


A 1099 is a tax form that is used to report income that is not considered as wages. It's also called a "non-employee compensation" form. The 1099-MISC form is used to report miscellaneous income, including small business income, rental property income, and other types of self-employment earnings.


A 1099 employee is a person who has been hired by an employer for contract work and does not receive any benefits from the employer. They are not eligible for any company benefits like health insurance or retirement plans. The company will typically withhold taxes from their paycheck and send it to the IRS on their behalf.


Difference between 1099s and Employees?


Many small business owners are not aware of the differences between employees and 1099 workers. To help them out, we’ve made a list of the most important differences between the two.


  1. 1099 workers are hired for specific projects or tasks, while employees often have a long-term contract with the company.
  2. When it comes to taxes, 1099 workers are considered self-employed while employees pay taxes on their salary.
  3. In terms of benefits, 1099 workers usually don't have any, while employees get their full benefits package.
  4. Employees can receive a raise or promotion within the company, but that's not possible with an outside contractor.
  5. Employees can be fired at any time without notice, but contractors can terminate their own contracts at any time as well.



What is Workers Comp Insurance?


Workers compensation insurance provides protection for employers and employees in case of an injury or illness that occurs on the job.

Workers compensation is a type of commercial insurance that provides protection for employers and employees in case of an injury or illness that occurs on the job.


It pays benefits to employees who are injured on the job, as well as to their dependents in case they were killed while working. Workers compensation is mandatory for all employers, and it is financed by employer-paid taxes.


Workers comp provides coverage for medical expenses, lost wages, rehabilitation costs, vocational training and retraining costs. Workers comp also covers permanent disabilities caused by work accidents.


Insurance Advice For 1099 Independent Contractors


As an independent contractor, you may not be able to afford the same level of protection as someone who is employed by a company. However, it is still important that you are covered in the event of an accident or illness.


Many people assume that they do not need commercial insurance because they do not have employees. However, if your business has a physical location, then you are required by law to have commercial insurance. You also need commercial insurance if your business deals with hazardous materials or products like chemicals or explosives.


In addition to commercial insurance, it is also important to carry basic liability coverage for your personal assets and property. This includes coverage for any accidents that happen on your property and any damage that you might cause while working on other people’s property.



How Much Does 1099 Workers Compensation Insurance Cost in California?



As a small business owner, you are more likely to be considered a 1099 worker. This means that you are not an employee of the company, but rather work as an independent contractor.


If you're a 1099 worker, then you need to purchase your own workers compensation insurance. The cost of 1099 workers compensation insurance varies depending on the company and your state's laws. In general, it can range from $100-$200 per year for individual coverage or $200-$400 for family coverage.


For more information about "Do 1099 Employees Need Workers Compensation in California?" please contact us today!

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