Legal Question in Workers Comp in California

Third Party Claim on Policy

Can an employee of a consultant I hire seek coverage under my workers' compensation policy?


Asked on 5/30/07, 5:23 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Third Party Claim on Policy

If the consultant is an independent contractor [there are various tests for that, including whether you can direct there work activity or just the end results, can you hire or fire without reason as opposed to having to allow them to complete the job if they are doing it okay, etc.] and not an employee, their employee is only an employee of the independent contractor. If they should get hurt on the job because of your negligence, they can collect WC from the independent contractor and sue you in civil court. So the answer to your question is , no.

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Answered on 6/04/07, 5:27 pm


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