Freelance Musicians in Utah - you may want to read this...

More and more often, here in Utah, freelance musicians will be required to show proof of liability insurance, Workers’ Comp  or a Workers’ Comp Waiver.  I have already run into 4 separate gigs where the employer insisted on it.    Here I show you the easy way to get the Workers’ Comp Waiver.   Typically, freelance musicians are not set up as licensed businesses, corporations and the like, but even if they were, I think it is much simpler to just push things through as an INDIVIDUAL.   There are many ways to skin this cat but I show you an EASY way here. 

Tangling with the new Labor Commission Laws can cause Narcolepsy

As an individual, after you fill out the application form, which can be done online ( link below) or on the 1 computer at the Labor Commission office ( 160 E. 300 S. 3^rd floor), you can simply produce the following 3 items to the staff-person to qualify for the 1-year waiver.    

1.  Xerox copy of your name and address that is printed in the Phone Directory

2.  Recent income tax return proving Income from Music

3.  Blank check or account statement in your name proving that you have a bank account.

If you don’t have all of these items, then you will want to read the requirements using the link below to find another way to qualify, but those other options are less likely to appeal to the average free-lance musician as they involve things like business licenses, liability coverage, printed ads, etc.    

Even if you are incorporated you can still push it through as an individual. By the way, the cost for this is $50 with a 3-day delay if you write a check and the Waiver is good for 1 year.  Yes, it costs money to NOT have insurance.  For information on getting insurance coverage rather than a waiver I suggest contacting Musicians' Local 104 office in Salt Lake City.

Disclaimer – I am not a lawyer and if you get injured on the gig by an exploding generator or collapsing bandstand, I am not responsible for your not having insurance coverage.

To read about the requirements

http://laborcommission.utah.gov/IndustrialAccidents/WCCW.html

To fill out the application online

https://webaccess.laborcommission.utah.gov/wccoveragewaivers/

Here is some background on the new requirements from the Salt Lake Trib:

The Salt Lake Tribune

First published Jun 30 2011 12:12PM
Updated Jul 2, 2011 12:06AM

Businesses that have no employees and operate under rules establishing partnerships, sole proprietors or corporations can get waivers to show they are exempt from maintaining workers compensation insurance.

Starting Friday, the Industrial Accidents Division of the Utah Labor Commission assumes responsibility for issuing those waivers. Previously, insurance companies did the job.

In 2010, insurance companies issued 3,800 waivers; the state division anticipates issuing 4,000 during 2011.

One of the “disturbing” trends the division will be examining is the practice by “some employers to mislabel employees as ‘independent contractors,’ or ‘members’ of limited-liability companies, in order to avoid workers compensation obligations and other employee responsibilities,” according to a statement issued by the Industrial Accidents Division.

“This trend is particularly noticeable in the construction industry and for non-English-speaking employees,” the statement said.

Interim Governor of Utah