Contractor …No Workman’s Comp

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Contractor …No Workman’s Comp

Hello~~~ Thank you for being there to answer this question. We need to get our 2nd story deck repaired. Found a contractor in the neighborhood that we really like . He is licensed but let his workman’s comp lapse at the beginning of the year. he said he would write it into the contract that we would not be responsible if anything happened to him or his workers on our job.Is that good enough? If so, how should it be worded?JG

Asked on May 2, 2009 under Personal Injury, California

Answers:

LAR, Member CA State Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Tread lightly and find another contractor.  First, it is troubling why the coverage was allowed to lapse - presumably, because of tight finances.  Employers are required to maintain coverage and if not, can be criminally responsible in many States for not maintaining coverage.  Even if you found the perfect wording to cover yourselves, you would still need to show that any injuries are work-related and not due to something for which you, the homeowner, could be held responsible.  In this uncertain financial time, you do not want to roll the dice and take a chance like this.


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