Legal Question in Workers Comp in California
Being an owner/operator
i do not pay workers comp for myself--if i pick up truck stop help do i have to pay workers comp on them
2 Answers from Attorneys
I assume you are having them do work for your business, so they are employees, the only question being whether ther working only a day for you brilngs them into some casual labor situation. My guess is that it may; call up a couple of WC insurers, speak to a manager in Claims or their house counsel if possible and ask them what they think and how much more it will cost you.
Labor Code Section 3351(d) (I am paraphrasing the rule to make it a little more simple for you to understand) states that if you're the owner or occupant of a residential dwelling who hires an employee who's duties are incidental to the ownership, then you would be liable for workers' comp. However, L.C., Section 3352 states that if the above employee is injured while working less that 52 hours within a 90 period, then the injured worker is barred from collecting benefits.
Please keep in mind that the state-above Labor Code specifies "owner or occupant", not contractor. It appears that you are a contractor of sort, so it would seem reasonable that you should purchase workers' comp insurance.
If you're not convinced, and you would like to save money, please note that I currently have a client who was picked up from a corner by a contractor to work on an apartment building. He fell from the roof, and now he's in 24/7 care at $1,200.00 per day, for life. The case value is approximately $10,000,000.00.
Do you want to be on the hook for that in order to save a few hundred dollars now!?
Anyway, I hope I answered your question. Good luck.