Bill Summary for S 205 (2015-2016)

Summary date: 

Mar 9 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 205 (Public) Filed Monday, March 9, 2015
AN ACT TO AMEND THE WORKERS' COMPENSATION ACT CONCERNING THE STATUS OF TRUCK DRIVERS AS EMPLOYEES OR INDEPENDENT CONTRACTORS.
Intro. by B. Jackson, Brown.

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Bill summary

Amends GS 97-19.1, concerning truck, tractor, or truck tractor driver's status as employee or independent contractors, replacing language referring to various licensing agencies with a reference to motor carriers as defined in GS 20-4.01(21b).

Amends language regarding liability as an employer for compensation for injuries or death, adding new language that provides that principal contractors, intermediate contractors, or subcontractors are not liable for such when (1) they contract with an independent contractor who owns or leases the vehicle providing service, (2) the independent contractor personally operates or hires and pays the personnel operating the vehicle, and (3) the independent contractor is covered under an occupational accident policy either issued to the independent contractor or motor carrier. 

Enacts provisions that allow a motor carrier and an independent contractor meeting the specified criteria to enter into a mutual agreement in writing that provides that an independent contractor and its employees are covered by the motor carrier's workers' compensation insurance policy or self-insurance and would be deemed employees of the motor carrier for workers' compensation only. Specifies other allowances and limitations regarding the mutual agreement. 

Enacts provisions that define occupational accident insurance for the purposes of this statute. Requires that occupational accident policies or workers' compensation policies be purchased from an insurance company that has an AM Best "A" rating to satisfy the specified requirements.

Deletes provisions concerning the insuring of independent contractors under a blanket policy as well as provisions concerning reimbursement for the cost of such coverage.

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