Am I liable for a 1099 work injury?

I am a 1099 contractor in NC who was working for a larger company. I am listed as a driver for the larger company and hired a guy as

Asked on September 4, 2018 under Employment Labor Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Are you, as a contractor yourself, required to carry Workers' Compensation Insurance under the laws in the state of North Carolina?  Just becuase YOU are a 1099 employee of the GC does not mean that the law will not find you to be an e,ployer for this purpose.  I would seek legal consultation as soon as you can.  Bring your contracts with the GC with you as well. 
http://www.ic.nc.gov/NCICWorkersCompPresentation.pdf 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are liable for him if you were in any way resonsible for his injuries: for example, by not instructing him correctly on what to do; by not giving him any tools or equipment that would be necessary to safely move those panels; by not having the panels properly secured in the first place. You hired him; that made you his employer for the day, and so have to provide a safe work environment. 
On the other hand, if you did nothing wrong and this was due to his own carelessness--e.g. him choosing to try to move the heavy panels in an unsafe way--then you are not liable. Your liability would depend on you having done something wrong and being at fault.


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