Legal Question in Workers Comp in California

Re: Day care assistant

You are creating substantial liabilitty for yourself by trying to circumvent employee status. If the worker is required to show up on a scheduled basis, which you control, you will have a difficult time convincing a comp judge that your independent contractor is not an employee. In which case you will be considered a criminal for not having comp insurance. All your personal assets will be liable if the UEF, uninsured employers fund, comes into the picture because you have no insurance.

I strongly recommend against the independent contractor designation. There are not benefits from a comp perspective.