contractor without worker's comp

[akisaggio]

What is the name of your state?
California.

CA states that worker's comp is required by law. My contractor claimed exemption based on having "no employees." When I asked, he fessed up and said that he does have employees but worker's comp is simply too expensive right now. I replied that paying his employee's medical expenses would be too expensive for me. He said we could remedy that by putting something in the contract stating that I would not be liable for any injuries incurred. Would that hold water? Or--could it come back to bite me in the butt? Thanks.
--aki

 

[HomeGuru]

What is the name of your state?
California.

CA states that worker's comp is required by law. My contractor claimed exemption based on having "no employees." When I asked, he fessed up and said that he does have employees but worker's comp is simply too expensive right now. I replied that paying his employee's medical expenses would be too expensive for me. He said we could remedy that by putting something in the contract stating that I would not be liable for any injuries incurred. Would that hold water? Or--could it come back to bite me in the butt? Thanks.
--aki

**A: no, it would not be worth the paper it would be written on. Have him either get the mandatory insurance or he should leave the job. Without the insurance, you the property owner become the "insurance" and your assets the security for any and all claims filed by the contractor and any of his workers.

 

[lwpat]

You are very smart to require proof of insurance from the contractor. Many people fail to execute a contract, much less check the contractor's licensing and insurance.

That is why this forum has so many visitors. Unfortunately it is usually too late.

 

[Bigfoot]

When you state "CA states that worker's comp is required by law", does it indicate the minimum number of employees required?

 

[HomeGuru]

When you state "CA states that worker's comp is required by law", does it indicate the minimum number of employees required?

**A: and your point being?

 

[autocad]

Florida Reply....

Very wise to ask for Insurance.I If his employee fell off roof, YOU get sued! Insurance, in this day and age is neccesary. Nobody works on my house without it. Ask on every contractor.



A side note, Florida had a loophole, up to 3 officers of a corporation are exempt, so, 'Joe the installer' was perfectly legal to be 'Joe VP of sales'.

 

[HomeGuru]

Florida Reply....

Very wise to ask for Insurance.I If his employee fell off roof, YOU get sued! Insurance, in this day and age is neccesary. Nobody works on my house without it. Ask on every contractor.



A side note, Florida had a loophole, up to 3 officers of a corporation are exempt, so, 'Joe the installer' was perfectly legal to be 'Joe VP of sales'.

**A: that is no loophole if the homeowner requires insurance.

 

[autocad]

Let me clarify,

You go pay $1200 to sign up for Workmans Comp, through an independent ins agency.

Then you pay 22% of wages per employer. ( Or whatever the rate is)

However, if all 'employees' are officers, no more is paid.

You have the 'legal' paper, that you have workmans comp.

 

[HomeGuru]

Let me clarify,

You go pay $1200 to sign up for Workmans Comp, through an independent ins agency.

Then you pay 22% of wages per employer. ( Or whatever the rate is)

However, if all 'employees' are officers, no more is paid.

You have the 'legal' paper, that you have workmans comp.

**A: huh? Now how is this post relevant to the subject of this thread? It's not.

 

[autocad]

Not relevant at all, just following up your post....

*A: that is no loophole if the homeowner requires insurance.

 

[HomeGuru]

The writer is the one asking the question and not the contractor. You have provided nothing to help the writer of the thread. Are you trying to help the contractor? And the writer is from CA and your response was a Florida response.

 

[autocad]

Your right, I will only post if relevant...Sorry

 

[HomeGuru]

Thank you.

 

[Bob Morse]

Is this true in Missouri?

I have a roofer trying to tell me his waiver will protect me from liability, he has no workman's comp, and in fact his workers are actually subcontractors, they are not employees of his at all. I am telling him I won't let him do the work without it. He is persistent, and continues to try to let him do the roof. He's become a pain in the backside.

 

[HomeGuru]

I have a roofer trying to tell me his waiver will protect me from liability, he has no workman's comp, and in fact his workers are actually subcontractors, they are not employees of his at all. I am telling him I won't let him do the work without it. He is persistent, and continues to try to let him do the roof. He's become a pain in the backside.

**A: then tell him it's BS.