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Understanding the Risks with Uninsured Independent Contractors?

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In the continuation of our series this week about Independent Contractors and Business Insurances, we wanted to approach some of the issues you need to consider why Independent Contractors need to be insured.Independent Contractors Errors & Ommissions

Very often Human Resources and Procurement Departments are called upon to "waive" the insurance requirements of an Independent Contractor usually due to costs of the policy to the individual.  This is, of course, if any actual corporate insurance requirements exists.  The challenge here comes when the hiring manager wants the contractor, wants to save money and/or needs the "expertise".  They don't care or understand the risks...but they should.

"Everybody's Happy Until Someone Get's Hurt."

Oh, the wisdom of our parents.  This saying hold true here when the insurance requirements are not upheld and the uninsured Independent Contractor make a mistake or does something wrong.  Maliciously or Not.  Below are a couple of true cases that will illustrate our point...of course the names have been changed.

CASE 1: XYZ Corporation uses 4 Light Industrial Workers referred through a Warehouse Manager of XYS Corp to assist with the transportation of old laptops and desktops to the warehouse for inventory and asset documentation.  Human Resources is not notified and procurement has no insurance requirements in place.  The 4 workers loaded a truck with over $4MM of computer hardware equipment that, unfortunately, never made it to the warehouse.  Matter of fact, nobody knows where the hardware went.  And, yes the workers had no insurances.  They were prosecuted by the law but the assets were never recovered and the $4MM was a total write off.

CASE2: ABC Inc. brings on a specialized Independent Contractor Database Analyst to help with a data cleansing project.  Two weeks into the project the database is blank, the data is lost.  To make matters worse the back-up was malfunctioning without any knowledge of Corporate IT.  The cost to recover the data and recreate the database was over $2MM.  And, yes, the contractor didn't have insurances. Since they were independent there was no recovery of the loss to ABC Inc of the money required to recreate the data loss.

I trust that these two cases represent what can happen if your organization is not insured properly when employing Independent Contractors.  If you have a similar case that you could share with our readers, please comment with us below.  If you want to know if your firm is at risk, please take our Free Risk Reward assessment by clicking on the link.

Tomorrow we'll cover how Human Resources Management needs to partner with Indirect Procurement Services Departments to make sure Independent Contractors aren't trying to "get their cake and eat it too". 


Comments

There no arguing that when insurance requirements are not upheld, bad things can happen. My question is even more basic than "Should insurance requirements for ICs be waived?"  
 
 
 
Were these workers properly evaluated under the appropriate common law test(s) to determine whether or not they even qualified as Independent Contractors?
Posted @ Wednesday, February 03, 2010 3:41 PM by Christopher Minnick
<p>Christopher,<br /><br />Great questions.  First off, according to our insurance research if these contractors are working directly to the corporation, then insurances should <strong>NOT </strong>be waived. If they are a legitimate corporation they should be carrying business insurances.  There is a chance that the corporation's insurances might cover a claims but why should the company absorb that cost and impact to their experience ratings.<br /><br />To your second question, we often find that most corporations, especially procurement departments are unaware of the IRS 20 Point Test.  We recommend that most corporations try to mitigate risk by using a 3rd party, non-agency firm to process all independent contractors on behalf of the organization.  This mitigates risk and as we see it, serves as an inexpensive form of "protection".<br /><br />Additionally, as you will see in tonight's post, "Many IC's Want Their Cake and Eat it Too", many Independent Contractors basically use this employment status to avoid individual taxes.  Often, many of them aren't aware of the IRS Test.</p> 
<p>Thanks for your input.</p>
Posted @ Wednesday, February 03, 2010 8:17 PM by Ted Weyn
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