Q: I own a business and we got a contract for some work.
It involved working on ladders out at a ranch. I fell and broke my arm during the job but I don't think I am covered under the company's workers' comp insurance. Is that right?
A:
Well you first state you own a business so that could disqualify you. It depends on the type of ownership you have. Do you own as the sole proprietor, in a partnership, corporation...I cannot find the exact statute at this moment but as best I recall if you are an officer or director of a corporation you would not be covered, nor would an owner. But check with the DWC, they can tell you for certain.
The statute states; To be eligible for benefits under the Act, the IW must have been an employee of an employer that carries workers' compensation insurance coverage at the time the work-related injury occurred. Section 406.031...An employee is a person in the service of another under a contract of hire, whether expressed or implied, or oral or written. Section 401.012(a). An employer is a person who makes a contract of hire...
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