Legal Question in Workers Comp in California

Yesterday I discovered that the Building Contractor

I am using to build a spec house for me has no workman's comp insurance for his crew. He told me that he treats and pays them as independant contractors. He is bonded and has Liability Insurance. The only insurance I have on this house covers the construction loan. Should one of his workers injure himself what is my liability?


Asked on 5/14/04, 6:42 pm

1 Answer from Attorneys

Phillip Cooke Law offices of Phillip A. cooke

Re: Yesterday I discovered that the Building Contractor

You may have some liability.

Your original contract should have included a clause to protect you against such exposure with proof of insurance provided before he began the project. If you do not have that, you might want an attorney to review your contract for the construction and remedy any deficiencies.

I also suggest that you talk with your insurance agent about coverage for yourself for both liability and workers compensation. If the exposure is small the premium should be small. Sometimes your agent can get coverage extended from other coverage you already have on other property.

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Answered on 5/25/04, 12:29 pm


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