# Workers comp and waivers in Michigan



## N Armstrong (Nov 17, 2011)

I own a very small remodeling business 99% of the time its just me. On the days I need help I was using a guy that was like me and carried his own workers comp and liability. He is no longer in the game so I have to pick up helpers other places. This is new for me and I am wondering about Comp and Liability. From reading on Michigan's site about comp it looks like its not required for the little amount of hours I would use them (less than 10 a week). Is this accurate? I was also wondering if its legal to have them sign a waiver that says they will not go after a customer or myself if they are injured as a result of their own actions. I wouldn't ask anyone to sign off on negligence on my part or the home owners part.


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## RobertCDF (Aug 18, 2005)

I doubt it would hold up in court, just this summer I had a guy pick up a piece of plywood and ripped his tendon in his arm, surgery and 4 months of recovery... Who pays? work comp, if I did not have it you can be guaranteed he would have sued.


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## Randy Bush (Mar 7, 2011)

If you are just having helpers, have you thought about going though a temp service. No way I would try and use some one with doing WC and all .


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## Anti-wingnut (Mar 12, 2009)

N Armstrong said:


> I was also wondering if its legal to have them sign a waiver that says they will not go after a customer or myself if they are injured as a result of their own actions.


Yes it is legal. There are no laws against asking people to sign a useless document.

Now court is a different matter. You better hope that waiver is small and well greased, because everybody including the judge will have a p[lace they want you to put that document.

In summary, no waivers against WC liability are enforceable against employees


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## ranteso (Nov 11, 2010)

Not only can you be sued by an employee, but if you hire a sub who has workers comp for his employees but not for himself and that sub owner gets hurt on your job, that sub Co. owner can sue you and win. 

New York state had a case not long ago of the above scenario.


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## W-Tinc (Feb 15, 2008)

In Michigan if you have one employee that works 35 hours+ a week, or 3employees working any amount of time, you must carry workers comp.
http://www.michigan.gov/documents/wca_PUB-002_144501_7.pdf

So you do not have to have comp.

I do not think anything you could have them sign, or trying to call them a sub if they are not in business for themselves, would hold up if there was actually an injury. You will be responsible.


I have heard many stories over the years of people who even just pay their help as subs, as soon as the person being paid complains to the .gov the crap hits the fan, so if there was an injury you can bet you will be the bad guy no matter what agreements were made.


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## A&E Exteriors (Aug 14, 2009)

N Armstrong said:


> I own a very small remodeling business 99% of the time its just me. On the days I need help I was using a guy that was like me and carried his own workers comp and liability. He is no longer in the game so I have to pick up helpers other places. This is new for me and I am wondering about Comp and Liability. From reading on Michigan's site about comp it looks like its not required for the little amount of hours I would use them (less than 10 a week). Is this accurate? I was also wondering if its legal to have them sign a waiver that says they will not go after a customer or myself if they are injured as a result of their own actions. I wouldn't ask anyone to sign off on negligence on my part or the home owners part.


i asked my insurance company about that, will not fly with them in Michigan.


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## A&E Exteriors (Aug 14, 2009)

you need to have them fill out a w9, sub agreement, and provide you with liability ins, and comp if they have their own people


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