Posts tagged KIND

Question : What kind of insurance does a nursing agency in TX need if the staff is only subcontracted employees?
We just opened a nursing agency, the nurses that work with us are not our employees, we contract with them for a period of time, and contract with a medical facility for the nurse’s services. We have checked with 5 different insurance agencies for workman’s compensation, and we have been told that there is no market for workman’s compensation for subcontractors. Workman’s compensation is optional in TX. What other kind of insurance do we need?
insurance agency

Best answer:

Answer by mbrcatz
Yep, Texas is the only state where Workers Comp insurance is not required by law. HOWEVER. If you hire an uninsured sub, then YOU are still on the hoook for the benefits, even if you don’t have a policy in place.

So. You can’t buy workers comp insurance for just subs. But unless you want to be stuck holding the bag, you will need to require your subs to buy workers comp insurance, AND provide you with proof of coverage. Otherwise, YOU will have to pay lost wages and medical costs.

The same goes for professional liability, auto liability, and general liability – YOU, the general contractor, are on the hook, unless your subs are fully insured, naming you “additional insured” on their policies.

See, too many businesses try to get around paying for benefits and coverages for employees, and to get around paying taxes on their payroll, by calling them subs. So the law has reacted, by holding the general responsible for any uninsured subcontractors.

Your agent should be advising this.

If the money passes through your organization, you DO need liability, workers comp, auto liability, professional liability, and likely property coverage.