Legal Question in Construction Law in California

Re: Hired help in calif

Yep. That's why you're supposed to have a Workers Comp insurance policy for such work.

Re: Hired help in calif

I'd say "mebbe" rather than "yup."

First, I start out by assuming that the dude you hired is unlicensed and does not have his own worker's comp. coverage. If I'm wrong, you are in better shape.

There is a rebuttable presumption that an unlicensed person doing work on a house is an employee, not a contractor. That would make you an employer, if the presumption were not rebutted. If a license were required for the work, the presumption could not be rebutted, i.e., it becomes conclusive.

However, handypersons doing work for less than $500 bona fide agreed price are NOT required to be licensed, at least as a general rule. Therefore, you have a good shot at rebutting the presumption of "employee," especially under the facts you've added (such as finding him through the yellow pages).

My suggestion is to contact your homeowner's insurance company, tell them what happened, and refer any claim or threatened claim to them.