Am I liable for a 1099 work injury?
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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 5 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 5 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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