Q: Topic: Pennsylvania Workers' Comp requirements.
I am dealing with a contractor for a roof repair. I have asked him for both a cert. of liability insurance and a cert of workers' comp insurance.
He says that since all his employees are subcontractors he does not need workers' comp in his name.
I say this is nonsense.
Your opinion?
Thanks!
JT
A: Nonsense sounds about right. They may be subcontractors, but if they truly are he should be able to provide copies of written agreements with all of them and proof that they have their own liability insurance. Otherwise, he may want to take a look at the CONSTRUCTION WORKPLACE MISCLASSIFICATION ACT which establishes a definition of "independent contractor" for purposes of workers' compensation, unemployment compensation, and worker classification.
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