Santa Barbara, CA asked in Personal Injury, Workers' Compensation and Construction Law for California

Q: I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured

I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?

3 Lawyer Answers
Richard  Barkhordarian, Esq.
PREMIUM
Richard Barkhordarian, Esq.
Answered
  • Workers' Compensation Lawyer
  • Culver City, CA
  • Licensed in California

A: You are but ONLY IF the contractor you hire does not have workers compensation insurance. If they do then no you would not be liable, the contractor you hire would be. You can go to the CA Contractor's Board and look up your contractor's license. There it will show you if he has valid workers' compensation insurance or not.

Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: your homeowners policy could be liable for work comp if the contractor is unlicensed and doing work for which a license is required at the time of an injury to any of the employees. you need to check with his carrier directly and not rely on him to tell you. he can get a policy certificate then cancel the policy to get his payment back but only show you the certificate. you cant be too careful. if his insurance lapses at any time, he is automatically an unlicensed contractor (even if he has a valid licence on CSLB site) for work comp purposes and your homeowners pays if/ when he does not. i am the attorney suing the homeowner policy all the time for last 30 years.

James L. Arrasmith
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Answered
  • Construction Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, homeowners generally are not liable for injuries to a contractor's workers if the contractor carries workers' compensation insurance. However, if the contractor does not have such insurance, and particularly if he is paying workers in cash, you may be exposed to liability for worker injuries. To mitigate risks, make sure your contractor provides proof of workers' compensation insurance and consider adding a clause in your contract that holds you harmless from liability for injuries to workers.

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