Q: Are independent contractor home care workers covered under Workmans comp in California?
M y insurance agent says the worker is covered underworkmans comp in her homeowners policy.
A: It is a difficult question because there are very specific requirements for someone to be considered an "Independent" contractor. You must be very cautious because the workers compensation laws favor injured workers and if the "Independent" contractor is found to be an employee, you will be facing litigation before the WCAB with the uninsured employer's fund, which will then provide benefits and seek reimbursement in the civil courts. I strongly suggest that you speak with the "Independent" contractor and ask for verification of workers compensation coverage.
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