Legal Question in Workers Comp in California
If I hire a company that Calif State Licensing Board shows as having active license, but exempt from workers comp, what are my risks/liabilities if someone gets injured?
Asked on 8/23/12, 12:15 pm
1 Answer from Attorneys
Nancy Wallace
Nancy Wallace Atty at Law
If you 'control' an individual's supplies, uniforms, hours, wages, schedule...it's an employee.
Employees hurt at a facility are covered exclusively by Workers Comp Insurance.
If the 'company' controls those things, you're an "INVITEE" -- a guest -- general Negligence rules cover injuries... if you owed this 'guest' a duty of care to keep the place safe and you breached the duty and that breach caused an injury, you've got a civil negligence action by both the 'guest' and that company that has to pay that employee Workers Comp benefits.
Answered on 10/15/12, 12:08 pm