Legal Question in Personal Injury in California
Independent Contarctor hurt in client's home
If I have a house cleaning company and my workers are independent contractors and one of the cleaners gets hurt in client's home am I liable? Is the client liable? Can the worker sign a waiver with client at start of job saying if they get hurt the client is not liable?
3 Answers from Attorneys
Re: Independent Contarctor hurt in client's home
It's wishful thinking, saying they are 'independent contractors'. You ARE the employer and liable for any problems, to them or the clients. Do it right and get decent legal advice on how to set up the company to minimize your personal liability.
Re: Independent Contarctor hurt in client's home
Just calling your cleaners "independent contractors" isn't going to insulate you from liability for being illegally uninsured for workers' comp. They would have to really -be- independent contractors (satisfying the 2e-part IRS test). And when one of them gets hurt on the job, you better believe it's you they (and the state uninsured employers fund) will go after; and the workers' comp courts will hold you liable.
Re: Independent Contarctor hurt in client's home
The "independent contractor" thing is just a scam in order for some businesses to protect themselves and the courts see right through this.
The reality is that the injured worker will come directly after you. Protect yourself and buy insurance instead of plotting. You'll be better off in the long run!
Good luck.