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Work Comp Liability Loophole?? Help Please

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ARG01

Junior Member
What is the name of your state?What is the name of your state? California

My subcontractor had an illegal undocumented worker fall off my roof two weeks ago. I am the proprty owner and hired the roofer. He said he had work comp and showed me a certificate, but the hospital has determined the worker was an undocumented illegal alien. His injuries are very serious and he may be confined to a wheelchair. What is going to happen to my property?
 


e3mrk

Member
First off I would like to say that I am sorry you live in Kalifornia as the goverment there is beyond belief when it come to common sense.
Next, The best advise would be to get a good Attorney.
 

sweetsue

Junior Member
you do need an attorney - you also may have insurance and not realize it -
there are work comp clauses under homeowner's insurance and if you have worker's comp for yourself or any business that could be a possibility and also there is the UEF - uninsured employers fund which will take care of the injured worker and then come after you and the subcontractor for fines and penalties
get an attorney though to help sort this out - believe me the injured worker will and that could be a good thing because he will find insurance coverage

did you by chance copy the documentation you were given?
 

sweetsue

Junior Member
I think I may have read your problem wrong...

It does not matter in California of the injured worker is "undocumented" - it means he was illegally employed.

As long as the subcontractor has a current work comp policy, they will take care of the injured worker without regard to the fact that he is illegally working.

The insurance carrier will not even send notice to INS or anyone else as it makes no difference in how his benefits are paid or what medical treatment he will receive.

Illegal workers are hurt everyday in California, Arizona and Texas, but they are not punished by the work comp system when they have a claim.
 

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