Legal Question in Business Law in California
Gardeners I want to hire for my residential garden say in California they are not required to have workmen's compensatin insurance since the two of them do all the work themselves. They carry liability insurance only. Is this correct"
4 Answers from Attorneys
YOU need workers comp insurance if they don't. You can call you homeowners' insurance agent and put it on, for a very modest premium. Without it, you are at risk.
Besides the other attorney answer, I recommend you check with the state's workers compensation fund. It has been a while, but I believe only the owner may be exempt from workers compensation, and all other employees must be covered. If they're not, you and your property are at risk for any injury. Consult with an attorney in your area for specifics.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Partners in a business are covered by the Workers' Comp. laws, but under those laws, they can elect to "opt out" of carrying insurance by filing a written and signed election form. I agree that you should run this situation by your own insurance agent and acquire any coverage needed to protect you in the event of an injury while working on your property.
You would have to obtain the worker's compensation insurance as the employer, not them as the employees. If you want to read a horror story that will help you make up your mind to get insurance, read this actual case:
http://scholar.google.com/scholar_case?case=18030556984013784981&hl=en&as_sdt=2&as_vis=1&oi=scholarr
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