I am in NY State. I am hiring an excavation contractor(1 man biz). He has insurance but no workmans comp.?

Question

Is it enough to have a copy of his insurance certificate or do I need to be on his policy-he says the ins. co. will provide a copy with my name on it but charges 75.00 which I would have to pay. As he is a one man business is it important that he does not have workmans comp or is it ok to hire him?

Answer 1

He's in NY, he SHOULD have workers comp!!  Because otherwise, YOU are on the hook for any benefits, and whatever you pay him, will be added to YOUR workers comp policy at audit.  

That $75 endorsement is adding you as an additional insured on his general liability policy.  It won't affect the comp issue, WHICH IS HUGE.  

Me, I wouldn't want to hire him.  But you have hire him through a general contractor, who DOES have workers comp, so it's THEIR butt on the line and not yours.

Answer 2

WC is to cover employees.  If he is an owner/operator, he doesn't need WC coverage on himself.