Bill Summary for H 183 (2023-2024)

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Summary date: 

Feb 22 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 183 (Public) Filed Wednesday, February 22, 2023
AN ACT AMENDING THE WORKERS' COMPENSATION ACT TO REQUIRE SOLE PROPRIETORS TO MAINTAIN WORKERS' COMPENSATION INSURANCE.
Intro. by Alexander, Majeed.

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Bill summary

Amends Article 1 of GS Chapter 97 (Worker’s Compensation Act [WCA]) by enacting new GS 97-6.2 requiring a sole proprietor performing any work to maintain workers’ compensation insurance at all times, even if they do not employ any other employees. Specifies that the sole proprietor is entitled to employee benefits and subject to employee responsibilities.  Specifies that even if the sole proprietor is performing work under a contract that provides workers’ compensation insurance for them, the contract does not satisfy or supersede the statutory requirements. States that failure to comply with the requirement estops the sole proprietor from making a claim on the workers’ compensation policy of another person.  Clarifies that the new provision does not affect law relating to the presumption that taxi cab drivers are independent contractors.

Amends GS 97-2 (the definitions section of the WCA) by setting forth a definition of sole proprietor and deleting references to sole proprietors as individuals who are not considered “employees” under the WCA.