You really need to contact a local employment attorney to discuss these issues. Workers compensation laws vary from state to state and an attorney who practices in this area in your state is the best person to advise you. Good luck.
That is irrelevant. The employer is responsible not the employee's insurance. You are violating Massachusetts law and you can be subject to very high fines.
Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.
Talk to an attorney who represents employers and insurance companies in workers compensation cases ASAP You do have liability that is different than if you had work comp insurance because of possible penalties. Get work comp insurance if you have other employees.