-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
injury while remodeling our house
- Thread starter PIASH007
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
- Status
seniorjudge
Senior Member
Make sure he cleans up the blood.kkuznets said:
(You have no duty or obligation to insure independent contractors.)
justalayman
Senior Member
Seniorjudge:
Probably doesn't apply but was he a contractor?
How would one define the difference between a contractor and an employee in a situation like this?
Probably doesn't apply but was he a contractor?
How would one define the difference between a contractor and an employee in a situation like this?
seniorjudge
Senior Member
Definitions of "independent contractor" on the Web:
* A legal term for a person who is hired to do work for another person but who is not an employee or agent of that person. The hiring person is not responsible for the actions of the Independent Contractor nor does she owe that Independent Contractor the same legal duties owed by an Employer to an Employee under labor and employment laws.
www.titlecorockies.com/dictionary_i.htm
* A person or company retained to perform work for another, often under a written contract, whereby control is subjected to the end result and not as to how the work is performed. As opposed to an employee who receives direction on what, when and, to some degree, how to do a job. Care must be used in the classification of workers as either employees or independent contractors. What distinguishes them is the degree of control the employer has over the activities being performed. ...
www.faststart.state.ri.us/bfs_glossary.html
* The term is most important as used to describe the relationship of broker and salesperson, employee or independent contractor. If employee, the broker must withhold income tax and pay social security, provide workmen's compensation, and may be liable for some negligent acts of the salesperson while on the job. All of this is avoided by the broker if salesperson is an independent contractor.
www.ashcroftescrow.com/P19.cfm
* An independent contractor relationship exists when the University has the right to control only the result of the service, not the manner of performance. Service is useful labor performed for another that may or may not produce a tangible commodity. Service includes, but is not limited to:
www.matmgt.ucsf.edu/ICA_Definitions.htm
* One who is retained to perform a certain act, but is subject to the control and direction of another, only as to the end result, and not as to the way they performs the act. This person normally sets their own working hours, pays their own expenses, receives no employee benefits, and pays for their own social security and income tax to the government, but not as a withholding from their paycheck. The majority of real estate salespeople work as independent contractors.
www.ronayneteam.com/Resources/Glossary.htm
* Both parties acknowledges that NPII is an independent contractor; that it alone retains control of the manner of conducting its activities in furtherance of this Agreement; that it as well as any persons or agents as it may employ are not employees of You; and that neither this Agreement, nor the administration thereof, shall operate to render or deem either party hereto the agent or employee of the other. ...
www.naturalproductsinsider.com/ibg/terms.asp
* A person who is not employed by a company but does work for it.
www.caltia.com/education/terms.html
* an individual who is hired to complete a specific project but who is free to do that work as he or she wishes; it is not based on how the person is paid, how often the person is paid, or whether the person works part-time or full-time. An independent contractor is not an employee; thus, he or she cannot sue an employer for a wrongful act or injury suffered on the job. The independent contractor will receive a 1099 form.
www.jaamtonline.com/pt/re/jaamt/fulltext.01179370-200506000-00010.htm
* Vendor and Vendor's Staff are independent contractors and not employees of Legacy. Vendor's Staff are not eligible for and may not participate in any Legacy benefit and retirement plan or leave program. Vendor's Staff are not covered by Legacy's workers' compensation insurance. ...
www.legacyhealth.org/body.cfm
* An independent contractor is someone who performs a job for another, but is free from the control of the other regarding the details of the work to be done.
www.samakowlaw.com/articles7.html
* A taxpayer who contracts to do work according to his own methods and who is not subject to control except as to the results of such work. An employee, by contrast, is subject to the control of the employer as to the methods to be used to obtain the desired results.
www.bookkeeperlist.com/definitionsi.shtml
* A person who works for him-, or herself in a governmental or private capacity.
wps.prenhall.com/chet_nathe_dental_2/0,9128,1352887-content,00.html
* A contractor who is self-employed.
www.mtgmortgages.com/glossaryI.htm
* A person who is hired by a company, but works for himself/herself. The company is a client, rather than an employer.
www.marketconscious.com/dict2.htm
* Person who agrees with a party to undertake the performance of a task for which the person is not expected to be under the direct supervision or control of the party. Ordinarily this arrangement and relationship shields the party from liability for negligent acts of the independent contractor that occurred during the performance of the work. For example, a medical consultant is an independent contractor for whose negligent acts the attending doctor is not liable.
www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm
* A person who acts for another but who sells final results and whose methods of achieving those results are not subject to the control of another.
www.sanderco.com/Glossary Pages/I.htm
* means an individual contractor or an employee of a contractor who provides personal services and who is not an employee of the state of Michigan.
www.state.mi.us/mdcs/Rules2002/crule9.htm
* One who is hired to do a particular job and is subject to the direction of the person in charge. Independent contractors pay for their own expenses and taxes and are not viewed as employees with benefits.
www.peakagents.ca/glossary/i3.htm
* An independent contractor is a person or business which provides goods or services to another entity under terms specified in a contract. Unlike an employee, an independent contractor does not work regularly for a company.
en.wikipedia.org/wiki/Independent_contractor
* A legal term for a person who is hired to do work for another person but who is not an employee or agent of that person. The hiring person is not responsible for the actions of the Independent Contractor nor does she owe that Independent Contractor the same legal duties owed by an Employer to an Employee under labor and employment laws.
www.titlecorockies.com/dictionary_i.htm
* A person or company retained to perform work for another, often under a written contract, whereby control is subjected to the end result and not as to how the work is performed. As opposed to an employee who receives direction on what, when and, to some degree, how to do a job. Care must be used in the classification of workers as either employees or independent contractors. What distinguishes them is the degree of control the employer has over the activities being performed. ...
www.faststart.state.ri.us/bfs_glossary.html
* The term is most important as used to describe the relationship of broker and salesperson, employee or independent contractor. If employee, the broker must withhold income tax and pay social security, provide workmen's compensation, and may be liable for some negligent acts of the salesperson while on the job. All of this is avoided by the broker if salesperson is an independent contractor.
www.ashcroftescrow.com/P19.cfm
* An independent contractor relationship exists when the University has the right to control only the result of the service, not the manner of performance. Service is useful labor performed for another that may or may not produce a tangible commodity. Service includes, but is not limited to:
www.matmgt.ucsf.edu/ICA_Definitions.htm
* One who is retained to perform a certain act, but is subject to the control and direction of another, only as to the end result, and not as to the way they performs the act. This person normally sets their own working hours, pays their own expenses, receives no employee benefits, and pays for their own social security and income tax to the government, but not as a withholding from their paycheck. The majority of real estate salespeople work as independent contractors.
www.ronayneteam.com/Resources/Glossary.htm
* Both parties acknowledges that NPII is an independent contractor; that it alone retains control of the manner of conducting its activities in furtherance of this Agreement; that it as well as any persons or agents as it may employ are not employees of You; and that neither this Agreement, nor the administration thereof, shall operate to render or deem either party hereto the agent or employee of the other. ...
www.naturalproductsinsider.com/ibg/terms.asp
* A person who is not employed by a company but does work for it.
www.caltia.com/education/terms.html
* an individual who is hired to complete a specific project but who is free to do that work as he or she wishes; it is not based on how the person is paid, how often the person is paid, or whether the person works part-time or full-time. An independent contractor is not an employee; thus, he or she cannot sue an employer for a wrongful act or injury suffered on the job. The independent contractor will receive a 1099 form.
www.jaamtonline.com/pt/re/jaamt/fulltext.01179370-200506000-00010.htm
* Vendor and Vendor's Staff are independent contractors and not employees of Legacy. Vendor's Staff are not eligible for and may not participate in any Legacy benefit and retirement plan or leave program. Vendor's Staff are not covered by Legacy's workers' compensation insurance. ...
www.legacyhealth.org/body.cfm
* An independent contractor is someone who performs a job for another, but is free from the control of the other regarding the details of the work to be done.
www.samakowlaw.com/articles7.html
* A taxpayer who contracts to do work according to his own methods and who is not subject to control except as to the results of such work. An employee, by contrast, is subject to the control of the employer as to the methods to be used to obtain the desired results.
www.bookkeeperlist.com/definitionsi.shtml
* A person who works for him-, or herself in a governmental or private capacity.
wps.prenhall.com/chet_nathe_dental_2/0,9128,1352887-content,00.html
* A contractor who is self-employed.
www.mtgmortgages.com/glossaryI.htm
* A person who is hired by a company, but works for himself/herself. The company is a client, rather than an employer.
www.marketconscious.com/dict2.htm
* Person who agrees with a party to undertake the performance of a task for which the person is not expected to be under the direct supervision or control of the party. Ordinarily this arrangement and relationship shields the party from liability for negligent acts of the independent contractor that occurred during the performance of the work. For example, a medical consultant is an independent contractor for whose negligent acts the attending doctor is not liable.
www5.aaos.org/oko/vb/online_pubs/professional_liability/glossary.cfm
* A person who acts for another but who sells final results and whose methods of achieving those results are not subject to the control of another.
www.sanderco.com/Glossary Pages/I.htm
* means an individual contractor or an employee of a contractor who provides personal services and who is not an employee of the state of Michigan.
www.state.mi.us/mdcs/Rules2002/crule9.htm
* One who is hired to do a particular job and is subject to the direction of the person in charge. Independent contractors pay for their own expenses and taxes and are not viewed as employees with benefits.
www.peakagents.ca/glossary/i3.htm
* An independent contractor is a person or business which provides goods or services to another entity under terms specified in a contract. Unlike an employee, an independent contractor does not work regularly for a company.
en.wikipedia.org/wiki/Independent_contractor
seniorjudge
Senior Member
Definitions of employee on the Web:
* Under Title VII of the Civil Rights Act of l964, as amended:
www.uri.edu/affirmative_action/definitions.html
* Every person in the service of another, under any contract of hire, express or implied.
www.personal-injury-help-center.org/Glossary_of_Terms.html
* any person employed by the Government of the United States or any branch, unit, or instrumentality thereof, including persons in the civil service, uniformed service, Foreign Service, and the postal service.
www.opm.gov/cfc/html/glossary.asp
* an individual employed in a laboratory workplace who may be exposed to hazardous chemicals in the course of his/her assignments.
www.jmu.edu/safetyplan/lab/chemistry/hygieneplan/definitions.shtml
* An Appointee who has actively begun to serve in his or her full-time position.
www.ucop.edu/facil/olp/glossary.html
* A person employed by Indiana University for wages or salary, whether appointed or hourly.
www.indiana.edu/~uhrs/policies/glossary.html
* A person who performs work for an employer under a verbal or written understanding where the employer gives direction as to what tasks are done. Care must be taken not to classify employees as independent contractors (see definition for independent contractor).
www.faststart.state.ri.us/bfs_glossary.html
* Any appointed or elective officer or employee of a participating employer whose employment is not seasonal or temporary, and whose employment requires at least 1,000 hours of work per year. School employees must work 630 hours per year.
www.kpers.org/glossary.htm
* means an employee of an employer who is employed in the business of that employer which affects interstate commerce.
www.osha.gov/pls/oshaweb/owadisp.show_document
* shall mean a member of the bargaining units described in Appendix A and Appendix B. It shall be used interchangeably with "faculty" in Unit A and with "Academic Support Professionals" and "Associate Faculty" in Unit B.
www.wiu.edu/provost/agreement/definitions.shtml
* A person who works for a public or private employer and receives remuneration in wages, salary, commission, tips, piece-rates or pay-in-kind.
www.unece.org/stats/gender/web/glossary/s.htm
* According to HEERA, any employee of the Regents of the University of California, the Directors of Hastings College of the Law, or the Trustees of the California State University. However, managerial and confidential employees and employees whose principal place of employment is outside the State of California at a worksite with 100 or fewer employees shall be excluded from coverage under this chapter.
atyourservice.ucop.edu/employees/policies/labor_relations/news_events/bargaining_glossary.html
* An individual who performs services for remuneration regardless of age.
www.panewhires.com/glossary.asp
* An individual who provides services for compensation to an employer and whose duties are under the control of the employer.
www.asppa.org/resources/res_news_glossary.htm
* Any individual who is compensated through the university payroll system.
www.fso.arizona.edu/fso/deptman/14/1470defn.html
* Any person hired by the University regardless of the person's job description (eg, faculty, plant personnel, principle investigators, contractors and sub-contractors hired by contractors) that may be required to or have the need to restrict any fire protection equipment.
safety.uchicago.edu/4_2glossary.html
* Any individual who is presently employed by the University at any campus.
www.matmgt.ucsf.edu/ICA_Definitions.htm
* any person holding a position in state service subject to appointment by an appointing authority.
www.oregon.gov/Gov/GovAA/definitions.shtml
* 1. Any person working on the project mentioned in the contract of which these specification are a part, and who is under the direction or control, or receives compensation from the Contractor or Subcontractor. {St.Specs 2002}
www.dot.state.ny.us/design/dictionary/dictionare.html
* Means a person appointed under the Public Service Act other than a person appointed under Section 15 of the Act, and includes: regular employee - an employee whose work is of a continuous full-time or part-time nature; auxiliary under 1827 hours - an employee who has completed less than 1827 hours employment calculated in accordance with the provisions in effect for the majority of bargaining unit employees; auxiliary over 1827 hours - an employee who has completed more than 1827 hours ...
www.bcpublicservice.ca/policies/definitions.htm
* A person working in an industry or enterprise who is entitled to wages for labour or services performed. Not included are persons employed in certain professions or who exercise managerial functions.
broadway.sfn.saskatoon.sk.ca/business/sdlc/ef.html
* any Australian Public Service officer of Defence or serving Defence Force member who receives a salary or wage, along with other benefits, for the provision of services whether on a full-time, part-time, permanent, casual or temporary basis.
www.defence.gov.au/budget/03-04/dar/07_18_glossary.htm
* Full- and part-time paid staff working directly for the entity. Owners are considered employees unless they have no active role at the firm. Independent contractors are not considered employees.
www.pch.gc.ca/progs/ac-ca/progs/padie-bpidp/pubs/2005-2006/atp/9_e.cfm
* means any current or former officer or employee of the Office.
www.uspto.gov/web/offices/pac/mpep/documents/appxr_104_1.htm
* Actively at work, full-time, employee whose principal employment is with the Employer, at the Employer’s usual place of business or such place(s) that the Employer’s normal course of business may require, who is actively at work for the minimum hours per week as stated in the Application and is reported on the employer’s records for Social Security and withholding tax purposes.
www.gisbenefits.com/glossary.htm
* a worker who is hired to perform a job
wordnet.princeton.edu/perl/webwn
* Employment is a contract between two parties, one being the employer and the other being the employee. In a commercial setting, the employer conceives of a productive activity, generally with the intention of creating profits, and the employee contributes labour to the enterprise, usually in return for payment of wages.
en.wikipedia.org/wiki/Employee
* Under Title VII of the Civil Rights Act of l964, as amended:
www.uri.edu/affirmative_action/definitions.html
* Every person in the service of another, under any contract of hire, express or implied.
www.personal-injury-help-center.org/Glossary_of_Terms.html
* any person employed by the Government of the United States or any branch, unit, or instrumentality thereof, including persons in the civil service, uniformed service, Foreign Service, and the postal service.
www.opm.gov/cfc/html/glossary.asp
* an individual employed in a laboratory workplace who may be exposed to hazardous chemicals in the course of his/her assignments.
www.jmu.edu/safetyplan/lab/chemistry/hygieneplan/definitions.shtml
* An Appointee who has actively begun to serve in his or her full-time position.
www.ucop.edu/facil/olp/glossary.html
* A person employed by Indiana University for wages or salary, whether appointed or hourly.
www.indiana.edu/~uhrs/policies/glossary.html
* A person who performs work for an employer under a verbal or written understanding where the employer gives direction as to what tasks are done. Care must be taken not to classify employees as independent contractors (see definition for independent contractor).
www.faststart.state.ri.us/bfs_glossary.html
* Any appointed or elective officer or employee of a participating employer whose employment is not seasonal or temporary, and whose employment requires at least 1,000 hours of work per year. School employees must work 630 hours per year.
www.kpers.org/glossary.htm
* means an employee of an employer who is employed in the business of that employer which affects interstate commerce.
www.osha.gov/pls/oshaweb/owadisp.show_document
* shall mean a member of the bargaining units described in Appendix A and Appendix B. It shall be used interchangeably with "faculty" in Unit A and with "Academic Support Professionals" and "Associate Faculty" in Unit B.
www.wiu.edu/provost/agreement/definitions.shtml
* A person who works for a public or private employer and receives remuneration in wages, salary, commission, tips, piece-rates or pay-in-kind.
www.unece.org/stats/gender/web/glossary/s.htm
* According to HEERA, any employee of the Regents of the University of California, the Directors of Hastings College of the Law, or the Trustees of the California State University. However, managerial and confidential employees and employees whose principal place of employment is outside the State of California at a worksite with 100 or fewer employees shall be excluded from coverage under this chapter.
atyourservice.ucop.edu/employees/policies/labor_relations/news_events/bargaining_glossary.html
* An individual who performs services for remuneration regardless of age.
www.panewhires.com/glossary.asp
* An individual who provides services for compensation to an employer and whose duties are under the control of the employer.
www.asppa.org/resources/res_news_glossary.htm
* Any individual who is compensated through the university payroll system.
www.fso.arizona.edu/fso/deptman/14/1470defn.html
* Any person hired by the University regardless of the person's job description (eg, faculty, plant personnel, principle investigators, contractors and sub-contractors hired by contractors) that may be required to or have the need to restrict any fire protection equipment.
safety.uchicago.edu/4_2glossary.html
* Any individual who is presently employed by the University at any campus.
www.matmgt.ucsf.edu/ICA_Definitions.htm
* any person holding a position in state service subject to appointment by an appointing authority.
www.oregon.gov/Gov/GovAA/definitions.shtml
* 1. Any person working on the project mentioned in the contract of which these specification are a part, and who is under the direction or control, or receives compensation from the Contractor or Subcontractor. {St.Specs 2002}
www.dot.state.ny.us/design/dictionary/dictionare.html
* Means a person appointed under the Public Service Act other than a person appointed under Section 15 of the Act, and includes: regular employee - an employee whose work is of a continuous full-time or part-time nature; auxiliary under 1827 hours - an employee who has completed less than 1827 hours employment calculated in accordance with the provisions in effect for the majority of bargaining unit employees; auxiliary over 1827 hours - an employee who has completed more than 1827 hours ...
www.bcpublicservice.ca/policies/definitions.htm
* A person working in an industry or enterprise who is entitled to wages for labour or services performed. Not included are persons employed in certain professions or who exercise managerial functions.
broadway.sfn.saskatoon.sk.ca/business/sdlc/ef.html
* any Australian Public Service officer of Defence or serving Defence Force member who receives a salary or wage, along with other benefits, for the provision of services whether on a full-time, part-time, permanent, casual or temporary basis.
www.defence.gov.au/budget/03-04/dar/07_18_glossary.htm
* Full- and part-time paid staff working directly for the entity. Owners are considered employees unless they have no active role at the firm. Independent contractors are not considered employees.
www.pch.gc.ca/progs/ac-ca/progs/padie-bpidp/pubs/2005-2006/atp/9_e.cfm
* means any current or former officer or employee of the Office.
www.uspto.gov/web/offices/pac/mpep/documents/appxr_104_1.htm
* Actively at work, full-time, employee whose principal employment is with the Employer, at the Employer’s usual place of business or such place(s) that the Employer’s normal course of business may require, who is actively at work for the minimum hours per week as stated in the Application and is reported on the employer’s records for Social Security and withholding tax purposes.
www.gisbenefits.com/glossary.htm
* a worker who is hired to perform a job
wordnet.princeton.edu/perl/webwn
* Employment is a contract between two parties, one being the employer and the other being the employee. In a commercial setting, the employer conceives of a productive activity, generally with the intention of creating profits, and the employee contributes labour to the enterprise, usually in return for payment of wages.
en.wikipedia.org/wiki/Employee
seniorjudge
Senior Member
Obviously, the definitions and distinctions between an "independent contractor" and "employee" are enough to fuel thousands of lawsuits.
However, regardless of how you classify someone working around your house, I know of no law that says you must provide medical insurance and I also know of no law that says if a person working for you hurts himself with his own tools for cryin' out loud that you are liable.
However, regardless of how you classify someone working around your house, I know of no law that says you must provide medical insurance and I also know of no law that says if a person working for you hurts himself with his own tools for cryin' out loud that you are liable.
justalayman
Senior Member
The only concern I had was that IF he was considered an employee then there would be a responsibility.(wormkan's comp situation) Not positive but assume Cali does go along with the rest of the country as to employers responsibility to its' employees when injured at work.seniorjudge said:
To the last sentence: As long as I am doing work related duties it makes no difference whos tools I am using. My employer is responsible for work related injuries. (Indiana)
seniorjudge
Senior Member
This is not a work comp situation by any stretch of the imagination.justalayman said:
justalayman
Senior Member
Why IF he could somehow be construed as an employee, to the homeowner of course, would WC not apply?seniorjudge said:
seniorjudge
Senior Member
http://igs.berkeley.edu/library/htWorkersCompensation.htmjustalayman said:
A homeowner who contracts with someone to fix something in the house is not an employer...for one thing.
Shay-Pari'e
Senior Member
This may be very wrong, as this is not coming from me, but my contractor.
I also am in the middle of remodeling my kitchen, so I asked the contractor this question.
From what he say's, if he doesn't have insurance, then the homeowner is liable. He states that is it is the homeowners responsibility to ask if he is insured.
He states that if you are using an unlicensed contractor, he could take you for every penny.
I don't know if this is correct, as my guy is hired through Home Depot, and must carry insurance, but I thought I would add to the post, as I am interested in the answer myself.
I also am in the middle of remodeling my kitchen, so I asked the contractor this question.
From what he say's, if he doesn't have insurance, then the homeowner is liable. He states that is it is the homeowners responsibility to ask if he is insured.
He states that if you are using an unlicensed contractor, he could take you for every penny.
I don't know if this is correct, as my guy is hired through Home Depot, and must carry insurance, but I thought I would add to the post, as I am interested in the answer myself.
seniorjudge
Senior Member
--PARIDISE-- said:
Do you accept carpentry advice from your lawyer?
justalayman
Senior Member
That is my question. Although the OP states they have no contract with the worker I realize that this does not necessarily show that he is not not contracted labor. It is like the babysitter situation employee v. contract. I believe that if that takes place in your home the sitter would be considered an employee, generally. In todays world of labor problems even the DOL has difficulty defining the difference clearly.seniorjudge said:
Shay-Pari'e
Senior Member
Of course I do.seniorjudge said:
Did I or did I not say this could be wrong? I also did not say he was giving me advice.
Spice up your eggnog and enjoy your holiday, Judge.
seniorjudge
Senior Member
Even as we speak, I am calling the ultimate legal authority: my bartender.--PARIDISE-- said:Of course I do.
Did I or did I not say this could be wrong? I also did not say he was giving me advice.
Spice up your eggnog and enjoy your holiday, Judge.
- Status
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">