Legal Question in Construction Law in California

Re: Who is liable when contractor has no workers comp. insurance?

Probably you. He should also carry a bond if he is licensed. Does he?

Re: Who is liable when contractor has no workers comp. insurance?

This question is far more complicated than it might appear. It has been the subject of a number of appellate court and Supreme Court decisions the last few years.

This forum is too limited to answer this question completely, but suffice to say that the courts and legislature have worked to protect workers injured on the job. If a contractor doesn't have worker's compensation, then the worker can bring a claim with the Uninsured Employers Fund and also bring a personal injury action against the contractor. Success depends on whether the contractor was somehow negligent, but it can nearly always be shown that the contractor was at least partially negligent if someone gets hurt on his jobsite. Plus, if the contractor didn't have worker's compensation then a number of statutes spring up to help the worker win his personal injury action against the contractor.

There is another layer of complication to this mess. Is there a homeowner? If there is, there is a possibility that the homeowner will be liable. All homeowner's insurance must carry a restricted workers compensation component. There are, however, a number of qualifications before a worker can tap this insurance.

I repeat, this is a very complicated area of law and a severely injured worker can mean hundreds of thousands, if not millions of dollars are at stake. Get some counsel.

Re: Who is liable when contractor has no workers comp. insurance?

first is he liscesed, if not, don't allow him to proceed, second he should be bonded and if he has no w.c. insurance don't let him proceed because you would be responsible for all such injuries and i do not know if your homeowner's would cover this --- if you need more info i am in the s.f. bay area at 925-945-6000

Re: Who is liable when contractor has no workers comp. insurance?

According to the Contractor's State License Board, the answer is as follows:

"In California, if a contractor has employees, workers' compensation insurance coverage is required by law. This is important for you as a homeowner. If a worker is injured working on your property and the contractor does not have insurance, you are the one who will have to pick up the bill for medical attention and rehabilitation, if necessary. Don't let your homeowner's insurance policy become your contractor's liability coverage."

For more information go to the CSLB website: http://www.cslb.ca.gov