workers comp insurance

What Every Contractor Needs to Know to Classify Employees and Independent Contractors

Are you a New York contractor who is unhappy with their general liability, umbrella liability and workers’ compensation rates, coverage, company, exclusions?  General Liability with a Surplus Lines carrier that too many exclusions and restrictions?  We are one of New York’s leading Construction Insurance Specialists and have 50+ insurance companies to market your account to.  

We just reduced a Queens contractors liability insurance by $193,000! 

For FREE, let us review your coverage and see if we can fit you into one of our specialty programs.  We did for the last contractor and they saved $193,000!  Let the next one be YOU!   Call Gary at 914-806-5853 TODAY! 


Employees and independent contractors are different, so it is important for employers to be clear about the difference between the two. This will help them determine what to do when hiring people to help, and it will also affect how they withhold taxes to avoid legal trouble. 

Independent Contractors
Independent contractors have their own employees and usually have their own business name. They typically have a separate checking account for business, and they advertise their own business services. When work is completed, they normally send an invoice or have an agreement for payment. Independent contractors have their own hours, tools and clients. They keep their own business records as well. 

Employees are hired by a company to work for only that employer unless otherwise agreed. For example, some full-time employees may have a part-time weekend job elsewhere that does not interfere with their commitment to their full-time employer. Employees’ duties and assignments are controlled by the employer or supervisors, and they are provided with training from the employer for the tasks they need to complete.  

Small businesses often depend on independent contractors as workers. For small business owners, there are several benefits to using this approach. They do not have to spend as much for labor costs, their liabilities are reduced considerably and this gives business owners more flexibility for firing or hiring. 

Classification Considerations
Classifying an individual incorrectly as an independent contractor may have several legal consequences that are costly. If an independent contractor meets the definition of an employee, the business owner may have to reimburse that person for wages and overtime that would normally have been paid to them by the Fair Labor Standards Act. The business owner may also have to provide health insurance, retirement or other benefits normally offered to regular employees. Paying back taxes and other penalties would also be necessary, and workers’ compensation would have to be paid to any injured individuals who met the criteria for being employees instead of independent contractors. 

Tax Considerations
The Internal Revenue Service provides information on their site for companies hiring independent contractors and employees. This information is to teach them about tax implications of various scenarios. Site visitors can fill out forms to request that the IRS reviews their workers’ statuses and to provide additional resources. There are no one-size-fits-all tests to determine if a worker is an employee or independent contractor. However, the following considerations are useful in helping classify them: 

– The permanency of the work relationship. 
– The extent to which services provided are an integral part of the employer’s business. 
– The amount of initiative in market competition determining the worker’s success. 
– The worker’s investment in equipment and facilities. 
– The worker’s opportunities for loss and profit. 
– The degree of independent business operation and organization. 
– The degree of control by the business owner. 

Whether a person is considered an employee or an independent contractor will depend on the business owner’s amount of control over the workload and the individual. For more information about this topic and how to classify workers correctly or to make sure they are properly insured, contact Gary Wallach at 914-806-5853. 

BGES Group’s office, located in Larchmont, NY is a full service insurance agency offering, Property, Liability, Umbrella Liability, Business Auto, Bid & Performance Bonds, Inland Marine, Worker’s Compensation, New York State Disability, Group Health, Life insurance, Personal lines and Identity Theft.   

BGES Group are Worker’s Compensation Specialists for the States of New York, New Jersey and Connecticut – Issues we address: 1) Lowering pricing – we have specialty programs that can save you up to 40%; 2) Finding a new company; 3) Being cancelled or non renewed; 4) Audit disputes; 5) Company creating fictitious payroll at audit time; 6) Lowering high experience modifications factors; 7) Misclassification of payrolls; 8) Lowering or eliminating renewal deposits;   9) Getting coverage when you’ve been without for a few months; 10) Covering multiple states under one policy; 11) Eliminating 10% service or policy fees; 12) Timely issuance of certificates; 13) Always being able to get someone on the phone or by email when you need to.

Special Contractor Insurance Programs (NY) – We we have 50 insurance companies to market your general liability, umbrella liability, business auto, workers compensation, bid & performance bonds and group health coverages.  We help contractors set up proper risk transfer mechanisms.  If you’re a contractor we offer extensive information about insurance markets, coverages, risk transfer mechanisms, subcontractor screening, ways to lower your insurance costs that lower them.     

New Jersey and Connecticut Contractors:  We have a fiercely competitively priced (savings up to 50%)  General Liability, Umbrella Liability, Business Auto, Workers Compensation program.  Want to lower these costs?  Get a quote today!  

Identity Theft – Over the past year hundreds of thousands of people have had to deal with identity theft.  This has become such a huge problem so we now offer Identity Theft Protection. We heard stories of kids going for car loans and learning they owe $200,000+ to companies they never heard of.  Under our program you can protect yourself, spouse and children.  Anyone you know can purchase this protection though our plan!  Click here to learn more or sign up.  

Do You Look at Other Ways To Make Money? – Two contractors told us about a business that was making them five to six figure a month incomes.  We want to share it with you because you can make money off of every homeowner, building owner, business owner and restaurant owner you come in contact with.  If they can do it you can do it too!  To learn more call Gary at 914-806-5853.  

If you would like to speak with us call Gary Wallach at 914-806-5853 or click here to email or click here to visit our website.

Company: BGES Group, 216A Larchmont Acres West, Larchmont, NY 10538



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