WC should not be requied on Amish workers who are subs. However, I've been told by an agent that they must be included since they do not have their own insurance. Any & all insurance is prohibited by their religion. Any thoughts or suggestions.
Maybe Tim Belt a member on the forum and a Pa Attorney can answer this question, Very interesting question...........
What state are you in? Laws vary by state.
You said that insurance is prohibited by their insurance, however, WC is employer held insurance, not employee held.
What state are you in? Laws vary by state.
You said that insurance is prohibited by their insurance, however, WC is employer held insurance, not employee held.
Missouri
What state are you in? Laws vary by state.
You said that insurance is prohibited by their insurance, however, WC is employer held insurance, not employee held.
Missouri
they are not allowed to accept payments from insurance or participate in law suits/court proceedings
no state requires a worker accept work comp benefits; it is always voluntary.
how it's handled for the policyholder/employer is another matter.
According to the Missouri law, workers' compensation coverage is compulsory for all employers that have five or more employees. Construction industry employers who erect, demolish, alter or repair improvements must carry workers' compensation insurance if they have one or more employees.
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I don't see anything that allows an employer not to cover their employee on religious grounds unless the employer is also of a recognized religious sect.
Missouri statute says:
287.804. 1. An employee may file an application with the division of workers' compensation to be excepted from the provisions of this chapter in respect to certain employees. The application shall include a written waiver by the employee of all benefits under this chapter and an affidavit by the employee and employer, that the employee and employer are members of a recognized religious sect or division, as defined in 26 U.S.C. 1402(g), by reason of which they are conscientiously opposed to acceptance of benefits of any public or private insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical bills, including the benefits of any insurance system established under the Federal Social Security Act, 42 U.S.C. 301 to 42 U.S.C. 1397jj.
You might want to contact the Missouri DOL
Contact Information
Phone Number: (573) 751-4231
Email:workerscomp@dolir.mo.gov
maybe I can help you a bit....Amish friends would not be part of any lawsuit either side as their religion forbids it.If you were working for an Amish friend and injured you would have been taken care off far better than the workmans comp system does....And if injured somewhere else and Amish their community will take care of them and any medical bills...Again better than any WC system by far.....So I am betting they will be classed as self insured.....
There are many legal requirements to be met before the department of insurance would grant such a license. They would be just as entitled to apply for one as any other employer and have the same opportunity to meet the requirements.
i don't think the requirements could be waived for them and not for other employers.
I believe some states have amish/religious exceptions but it's not information that would be commonly available.
There are many legal requirements to be met before the department of insurance would grant such a license. They would be just as entitled to apply for one as any other employer and have the same opportunity to meet the requirements.
i don't think the requirements could be waived for them and not for other employers.
I believe some states have amish/religious exceptions but it's not information that would be commonly available.