Affidavit for Workers Comp Case

What does Affidavit for Workers Comp Case mean?

An affidavit is a legal document which provides statements of fact. The affidavit is given voluntarily and is sworn in front of a Notary to become a legal affidavit. An affidavit asserts that the content of the information, as provided in the affiant, is true and correct. The affidavit should be limited to what the affiant knows to be true from direct observation or experience.

Affidavits may be used in a workers' compensation case. For example, if a worker has been injured in a work place accident they may ask a co-worker to provide an affidavit or legal statement to help establish the facts of the case. For example, the witness could provide a statement that they saw the worker injured in the course of employment.

Affidavit for Exempt Status under Workers' Compensation

Affidavits may also be completed by contractors. For example, a contractor may sign an Affidavit for Exempt Status under Workers' Compensation. This form may be signed by contractors or subcontractors who acknowledge they are not covered under an employer's workers' compensation insurance policy.

If the contractor signs the affidavit they are agreeing that they are in fact an independent contractor and they are "engaging to perform certain services for another, according to his own manner, method, free from control and direction of his contractor in all matters connected with the performance of the service, except as to the result or product of the work." They also assert they are not an employee and they are not covered "under the Workers' Compensation Act and the policy issued by any insurance carrier and that no premium may be charged for the services performed by their business during the policy year."

If you are asked to sign an affidavit it is important not to lie. If you lie on an affidavit you can be sued for perjury

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Davis Bacon and Related Acts

Signed into law in 1931 by President Herbert Hoover, the Davis Bacon Act established a federal law that requires contractors and subcontractors, who are working on federally funded or assisted contracts for “the construction, alteration, or repair of public buildings or public works in excess of $2,000,” to be paid the local wage.

Category: Employment Law