Can a tenant also do labor on the premises without any workers compensation conflict?
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Can a tenant also do labor on the premises without any workers compensation conflict?
I’m presently on unemployment. As a part of my weekly job search I asked a gentleman working at my apartment complexfor a job ; they are re-doing the siding here. He hired me on the spot to begin working at 8 o’clock in the morning. I recieved a call from said potential employer conveying to me that my apartment manager informed him that I could not work on this property as it would b a conflict of some sort due to my residing here. Can you tell me, do I have a legal right to work here or not? She told him that it was a matter of workers compensation liability.
Asked on October 11, 2010 under Real Estate Law, Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Are you an owner of your apartment? And did the owners hire the siding guy to do work? Then I can see why there might be a conflict. But I think that you need to ask why here. Worker's compensation protects the employer from being held liable for injury to the employee while in the course of their employment. It is true that the employee can sue the owner of the building that they are working on (or the management company) if the potential to do so is there. The owner can, however, require that they they be names as an additional insured on the employer's policy to be covered in that event. Seek clarification here. Good luck.
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