Legal Question in Workers Comp in California
Worker's Comp and Independent Contractors
I am an independent contractor (exhibit designer) who hires other independent contractors to help with exhibit design projects on a project by project basis. Do I have to provide worker's compensation insurance coverage for those that I hire on a 1099 basis? Typically the subcontractors conduct their work on their own premises. The only time we work together would be during meetings as the design team or with the client.
2 Answers from Attorneys
Re: Worker's Comp and Independent Contractors
Interpretation of the law regarding comp. for independent contractors is confusing at best. Generally you are not required to provide comp. insurance for an independent contractor. Where issues develop is whether the injured worker is really an independent contractor. One of the primary criteria is whether or not you control the hours the injured party works. In other words, do you tell the injured employee what days to work, what projects to work on, etc. If so, then you will probably be responsible for obtaining comp. insurance. On the other hand, if you engage an independent contractor, as you say, and all the employment relates issues are in their hands, then you probably do not need to obtain comp. insurance.
Re: Worker's Comp and Independent Contractors
You may all be determined to be employees of first employer
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
