§ 5-75-9 - Workers' compensation.
SECTION 5-75-9
§ 5-75-9 Workers' compensation. – (a) The responsibility to obtain workers' compensation coverage for coveredemployees, from a carrier licensed to do business in this state and otherwisein compliance with all applicable requirements, shall be specifically allocatedin the professional employer agreement to either the client or the PEO. If suchresponsibility is allocated to the PEO under any such agreement, such agreementshall require that the PEO maintain and provide to client, at the terminationof the agreement if requested by the client, records regarding the lossexperience related to workers' compensation insurance provided to coveredemployees pursuant to such agreement. A certificate of insurance as proof ofworkers' compensation coverage shall be issued to the client if the PEO is toprovide coverage or to the PEO if the client is to provide coverage withnotification of cancellation to be issued immediately to either entity. In thecase of cancellation, the other entity must immediately obtain coverage.
(b) Workers' compensation. Both client and the PEOshall be considered the employer for the purpose of coverage under the workers'compensation act and both the PEO and its client shall be entitled toprotection of the exclusive remedy provision of the workers' compensation actirrespective of which co-employer obtains such workers' compensation coverage.