Who has Workmans Comp Insurance? - GoFuckYourself.com

nickey1952 · 08-28-2012, 04:45 PM

As a producer I am liable under the workman comp laws in the state of california. It is impossible to get for every scene and every person, what do others do? The fines are huge and can put you right out of business.... Read this if you think you do not need to have it.. http://adultbizlaw.com/?p=618

nickey1952 · 08-30-2012, 12:27 PM

Guess no one wants to discuss this, push it under the table or they are afraid to admit they do not have it,,,, beware the penalties are severe if you do not have it,,, open for discussion

baddog · 08-30-2012, 12:31 PM

Of course I have it, like you said, it is the law. I am not a producer though. However, since I would suspect that you just 1099 your models, I would not think it would be an issue for you. I don't recall my paperwork discussing contract employees and how many I might have. Just employees.

NemesisEnforcer · 08-30-2012, 05:15 PM

Quote:

Originally Posted by nickey1952

Guess no one wants to discuss this, push it under the table or they are afraid to admit they do not have it,,,, beware the penalties are severe if you do not have it,,, open for discussion

Not much to discuss. It's done through the payroll service.

Sunny Day · 08-31-2012, 02:32 PM

Have your lawyer draw up a standard "Independent Contractor" agreement. Or you can probably find one on the net and save the money. Only employees are subject to Worker's Comp. Since the actors and crew work for multiple producers, it's easy to say they're independent.

pornlaw · 08-31-2012, 05:16 PM

Quote:

Originally Posted by Sunny Day

Have your lawyer draw up a standard "Independent Contractor" agreement. Or you can probably find one on the net and save the money. Only employees are subject to Worker's Comp. Since the actors and crew work for multiple producers, it's easy to say they're independent.

Absolutely not true in California. You might want to read this article as well...

http://adultbizlaw.com/?p=600

But you know who does have it ? Brazzers/Manwin USA... as well as some of the other big producers. So if you're a smaller guy and someone like the FSC/Manwin is asking you to support something like giving unnecessary antibiotic shots to performers realize that if something happens to one of the performers because of the shot... they pass the claim off to their insurance company and you go down with the ship.

And if you want to check other producers you can search on this database...

https://www.caworkcompcoverage.com/

Sunny Day · 08-31-2012, 05:39 PM

Quote:

Originally Posted by pornlaw

Absolutely not true in California. You might want to read this article as well...

http://adultbizlaw.com/?p=600

But you know who does have it ? Brazzers/Manwin USA... as well as some of the other big producers. So if you're a smaller guy and someone like the FSC/Manwin is asking you to support something like giving unnecessary antibiotic shots to performers realize that if something happens to one of the performers because of the shot... they pass the claim off to their insurance company and you go down with the ship.

And if you want to check other producers you can search on this database...

https://www.caworkcompcoverage.com/

I was going by the tax law. With rulings like that, I wonder why anyone would produce porn in CA?

Barry-xlovecam · 08-31-2012, 10:21 PM

Anyone working on a job as an independent contractor needs to furnish a certificate of their own workman's compensation insurance to the contractor of their services. (Or, if one person without workers an exemption certificate from the state here).

If not; the person contracting the sub-contractor needs to pay his insurance rate on his insurance policy here.

As I recall the laws on this in California are even stricter.

* Not legal advice. Workman's compensation laws will vary state by state.

08-28-2012, 04:45 PM	#1
nickey1952 Confirmed User Join Date: Oct 2004 Location: los angeles Posts: 677	Who has Workmans Comp Insurance? As a producer I am liable under the workman comp laws in the state of california. It is impossible to get for every scene and every person, what do others do? The fines are huge and can put you right out of business.... Read this if you think you do not need to have it.. http://adultbizlaw.com/?p=618 __________________ LoveHerBoobs.com

08-30-2012, 12:27 PM	#2
nickey1952 Confirmed User Join Date: Oct 2004 Location: los angeles Posts: 677	Guess no one wants to discuss this, push it under the table or they are afraid to admit they do not have it,,,, beware the penalties are severe if you do not have it,,, open for discussion __________________ LoveHerBoobs.com

08-31-2012, 02:32 PM	#5
Sunny Day Confirmed User Industry Role: Join Date: Dec 2010 Posts: 1,406	Work Comp Have your lawyer draw up a standard "Independent Contractor" agreement. Or you can probably find one on the net and save the money. Only employees are subject to Worker's Comp. Since the actors and crew work for multiple producers, it's easy to say they're independent.

08-31-2012, 10:21 PM	#8
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	Anyone working on a job as an independent contractor needs to furnish a certificate of their own workman's compensation insurance to the contractor of their services. (Or, if one person without workers an exemption certificate from the state here). If not; the person contracting the sub-contractor needs to pay his insurance rate on his insurance policy here. As I recall the laws on this in California are even stricter. * Not legal advice. Workman's compensation laws will vary state by state.

08-30-2012, 12:31 PM	#3
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	Of course I have it, like you said, it is the law. I am not a producer though. However, since I would suspect that you just 1099 your models, I would not think it would be an issue for you. I don't recall my paperwork discussing contract employees and how many I might have. Just employees.