If I hire a company that Calif State Licensing Board shows as having active license, but exempt from workers comp, what are my risks/liabilities if someone gets injured?
Answer
If you 'control' an individual's supplies, uniforms, hours, wages, schedule...it's an employee.
Employees hurt at a facility are covered exclusively by Workers Comp Insurance.
If the 'company' controls those things, you're an "INVITEE" -- a guest -- general Negligence rules cover injuries... if you owed this 'guest' a duty of care to keep the place safe and you breached the duty and that breach caused an injury, you've got a civil negligence action by both the 'guest' and that company that has to pay that employee Workers Comp benefits.
No comments:
Post a Comment