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Posted Jan 30th, 2012
If your contractor does not have legal or adequate workers comp. insurance, what is the homeowners
liability or responsibility in case of injury?

Additional Details:
in 2006 we hired a contractor for home repairs. His worker or subcontractor(?) was injured. Last
week we recieved a notice from a state investigator claiming that the worker filed a claim against
the contractor who did not have workers comp. insurance at the time of the injury. They want to
"join our homeowners poicy to the claim". When we hired the contractor, a search on the Contractors
State site indicated he had a licence. He provided us with a number of his insurance. He apparently
let his policy lapse or filed for an exemption. Either way the state investigator is claiming we the
homeowners are to be considered the employer. The state of California went after the contractor in
2010 and revoked his license for fraud including claiming adequate coverage,among many other things.
What is the law in this matter?
Legal Topic Area: Workers Compensation in CA

Yes it is possible that you could be on the hook for the workers compensation coverage, but this should be covered by your home owners insurance policy, so contact them and turn the claim over to them so they can provide a defense.

Workers Compensation Attorney in Palm Desert Kevin Cortright


Answered on Feb 7th, 2012 at 8:07pm