Legal Question in Workers Comp in California
Release of Liability form
I am looking to have a contractor
(and his employees) without
workers' comp insurance work in my
home. I would like him to sign a
form that release me and the
homeowners' association of any
liability (should he or his employees
get hurt in my home). Can you
point me to a standard form that he
can sign? Thanks.
2 Answers from Attorneys
Re: Release of Liability form
The law is very specific about workers compensation. Generally a person cannot contract to negate the law. Thus any agreement you make with the contractor will have little effect if it violates comp statutes regarding the provision of coverage. You should review your home owners policy to see what coverage is available for constructions workers. In some policies your are covered in limited ways.
As it stands, the contractor is in violation of the law if he has employees and no comp insurance. I do not recommend that you proceed as you may be liable for any medical costs should an injury occur.
Re: Release of Liability form
don't do it -- even if you find a release, it's likely not valid.
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