Indio, CA asked in Personal Injury, Workers' Compensation and Employment Law for California

Q: Sub-Contractors and Workers Comp?

My husband got hurt a few months ago at work by falling off a ladder. He was treated at our local hospital, but we told them to submit the claims through my insurance due to him being a sub-contractor. We do not have workers comp for him and my insurance is trying to reject the claim. Can they do that?

3 Lawyer Answers

A: Depends on the coverage of your health insurance. Ask your HR office, or the health insurer to point to the policy language that supports the denial.

A: was he working at your home or for someone else.

the person who hired him should have WC ins

your ins would only cover him if he was on the policy.

if he was working for someone he should contact a WC attorney.

i handle accident cases but not work related.

A: If he was a sub-contractor acting as an independent contractor - either sole proprietor or in a partnership then he can waive his own work comp - but must have for his employees. As one of the previous answers say - you should look at your policy to see if he is covered. They could be a little confused about whether he in fact was "working" for someone else who should have him covered.

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