QUESTION

Is the Home Owner liable for an injury if the licensed contractor is injured and is exempt from worker’s compensation?

Asked on Jan 25th, 2014 on Personal Injury - California
More details to this question:
I am a California licensed general building contractor, a sole proprietor, and have no employees. I have a CSLB "waiver" exempting me from the requirement for workers compensation insurance. If I hurt myself on the job, at a homeowner’s residence, and there is no negligence by the homeowner, are they liable?
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5 ANSWERS

Health Law/Long Term Care Facilities for the Elderly Attorney serving Los Angeles, CA at Murchison & Cumming, LLP
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As owner of the contracting company you probably don't qualify for w comp coverage. I'm sure your contract makes you as contractor responsible for complying w all applicable laws, including WC for your employees. There is also probably an indemnity clause requiring you to indemnify homeowner from WC claims by your employees. If you are injured by your own fault, w/ no negligence by home owner, the home owner cannot possibly be liable for your injuries. WC won't apply because you are an independent contractor, not an employee of home owner. If you are WC exempt, that's your own voluntary choice, making you non covered by WC even as an employee of your own company.
Answered on Feb 12th, 2014 at 1:28 PM

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Elder Law Attorney serving Fresno, CA at Carl L. Brown
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This is usually true for unlicensed casual employees only. The law on the subject is very complex and depends on factors not answered in your question. I would urge that you seek consultation with an experienced personal injury attorney.
Answered on Jan 30th, 2014 at 4:09 AM

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Edwin K. Niles
No, if we are talking negligence. However, some home owners policies have coverage for casual worker's comp benefits. Ask to review the policy.
Answered on Jan 30th, 2014 at 4:08 AM

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Since you are an independent contractor there is no workers' compensation coverage involved. If there is no negligence by the homeowner then there is no liability.
Answered on Jan 29th, 2014 at 7:39 PM

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Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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No they are not liable unless there is negligence. However, under most home policies there is a no fault med pay policy for injuries occurring in the premises up to usually about $5,000.00.
Answered on Jan 29th, 2014 at 7:38 PM

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