Legal Question in Workers Comp in Maryland

Re: Workmen's Comp

Under workers' comp law, an independent contractor is not covered under the employer's policy. Whether an injured person is an employee vs. an independent contractor depends on the degree of control the employer exercises over how he performs his duties, whether he works for you on a regular basis or on a job by job basis, etc. In other words, if you treat him as an i.c. just to avoid withholding taxes, paying FICA or other benefits, but in reality he's a full time employee on a regular schedule, he will probably be entitled to coverage. If your company is small, usually all the covered employees are listed on the application so the premium can be calculated. Check with your agent on this.