Workers' Comp

[yoyomankind]

Being a person who is currently making the transition between educational and professional work, I was wondering how often workers' comp is included in stage management contracts?  How about for internships?

[Libby]

I guess it is pretty much a company by company thing. That being said I have never worked for a company (whether intern or AEA PSM) who did not have worker's comp. I was under the assumption that all theatres (besides community) has workers comp insurance.

Am I wrong guys? Is there really actual jobs out there that don't offer workers' comp?

[SMrose]

That being said I have never worked for a company (whether intern or AEA PSM) who did not have worker's comp. I was under the assumption that all theatres (besides community) has workers comp insurance.

Am I wrong guys? Is there really actual jobs out there that don't offer workers' comp?

I believe Independent Contractors are required to carry their own insurance...you may want to check on this. Some states don't offer state worker's comp at all.

[MatthewShiner]

If you are employed by a company, then your injuries should be covered by Work's Comp . . . check with the HR department, Company Management or Production Management.  I don't know of any professional theater that does carry worker's comp. 

Now, SMrose brings up an interesting point, about being an independent contractor - but most worker's comp covers ANY employee or volunteer that is hurt when do normal, typical things called for by their job.  (Now, if you are screwing around, don't expect worker's comp to cover you.)

[EFMcMullen]

(Now, if you are screwing around, don't expect worker's comp to cover you.)

Not necessarily true. I worked for a theatre that was forced to pay workman's comp on an employee that broke his ankle during a break playing frisbee. 

[MatthewShiner]

Really . . . I guess it depends on the insurance company.

I had an actor who was goofing around backstage (finally admitted it to the lawyers - we all knew what was going on), and the worker's comp was denied.  It really depends on your state.

Anything involving drugs, booze, or goofing around can be denied - they may not be - but if you don't follow posted or announced safety rules, you may be putting yourself at risk in more ways then one.

Interesting side note, when I worked in California . . . a woman was hit by a car on her day off . . . and worker's comp paid for it . . . the ruling being that since the ONLY reason she was in California was for the job, worker's comp should cover it . . . now that was several years ago and laws change. 

[loebtmc]

Similarly, we had an actor who was asked to roller skate on stage for a show break her wrist falling while practicing her roller skating on her own time, initiative and volition. On the one hand, it was for the show. On the other hand, no one had suggested she practice roller skating near the rehearsal venue (far away from her home), after a long day of rehearsing and in a big, crowded, public venue where injuries are far more likely to occur. Fortunately for the theater, she was not considered a worker's comp charge (tho, I suppose, a good lawyer cd have argued the other way had it gone that far).

[babens]

You are more likely to find a lack of workers' comp coverage when working opera.  Many opera companies still hire stage management as independent contractors.  I have never heard a good reason for doing this from a company, and thus remain convinced it is merely a cheap way to keep costs down as they don't have to cover you under their workers' comp coverage or unemployment insurance.

[Scott]

You are more likely to find a lack of workers' comp coverage when working opera.  Many opera companies still hire stage management as independent contractors.  I have never heard a good reason for doing this from a company, and thus remain convinced it is merely a cheap way to keep costs down as they don't have to cover you under their workers' comp coverage or unemployment insurance.

Don't know if it's fair to blame opera companies -- most organizations who don't hire union positions hire staff as indepenent contractors (probably for the reasons above -- also the employer's share of payroll tax, which is usually at least 15%.)

(The company that I production manage, Bronx Opera Company, puts everyone on salary for all positions

[KMC]

Workers' compensation programs are administered on the state level, this is important to know.  The laws will vary state to state on what is covered and what is not, and what is required of independent contractors.  Very important to know your local laws, especially if you are a freelancer working in different states.

[ddsherrer]

I worked for a theatre that required all interns to show proof of outside insurance before employment began because they would not be covered by Worker's Comp in the event of an injury.  This went for all interns; acting, arts management, sm, shop, costume shop, etc.  This meant that over half of the people working that summer would not be helped in the event of an injury.

[cprted]

Reading through this thread makes me glad I live in a "socialist" country with a "socialist" healthcare system.  I don't ever have to wonder if what I'm doing is covered by compo.  Aside from cases of fraud, I've never heard of a situation where our WCB ever tried to deny a claim.  In fact, when I injured my knee a few years ago, I nearly had to beg WCB to let me go back to work.  They were very confused by that, but after 7 weeks of being at home I was starting to go a little loopy.