Legal Question in Workers Comp in California
do welders working as independent contractors need to carry their own workers' comp insurance if only working a maximum of 20 hours per month -- working as welders at owner's shop and sometimes at client's site. Employer is a small business owner with zero employees at this time.
1 Answer from Attorneys
An employer must carry WC insurance coverage for his employees; a truly independent contractor does not have to have WC coverage and would not be able to get it as he is not an employee. But the little you say as to the work circumstances suggests that you really the employees of the shop owner and not independent contractors. Does he have the ability to fire you, direct how and when and where you work, etc--then you are an employee no matter how many hours per month that you work under his supervision.
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