Legal Question in Workers Comp in California

If a licensed subcontractor (a one person company) has worked full time for a general contractor for years, has not worked for other general contractors during that time, and neither the general contractor nor the sub has workers' comp for that subcontractor/person, is the general's license considered suspended during the time that the sub worked for him? If so, at what point on the calendar would the general contractor's license be suspended and would such a suspension make him "personally" liable for defective and unfinished work?


Asked on 3/30/10, 11:28 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If the sub-contractor is really a sub-contractor and not an employee [does he have any independence in decliding on hours worked, how job is done, can not be fired but contract can be terminated, no benefits ar provided nor deductions made from the contarct price, not paid on an hourly basis, etc.], the contractor can not provide WC coverage.

I do not know if his license would be suspended if the sub was really an employee. But the homeowner has hired the contractor, not the sub, to do the work so would be responsible for the work not being done correctly.

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Answered on 4/04/10, 11:46 pm


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