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No Insurance -- No Workers Comp?


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Linda's Forum Posts: 8

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By Linda in Suamico, WI on 4/23/2003


Finally got my plans. Have my 3 subs for each trade ready to contact for bids. Yesterday, I met a younger man and father who work for a local lumbar yard Monday-Friday. On the weekend they work for themselves. They have good references and do good work. But when I asked whether they carried Workmans Comp and Insurance they said No. They said they have never needed it and said it isn't an issue. What do you all think. I am sure their rates are good but is there any way to avoid the risk? Help? Linda
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Kirsten's Forum Posts: 37

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By Kirsten in Atascadero, CA on 4/23/2003


In California contractors are exempt from carrying worker's comp if they do not have employees. So, if these guys are sole proprietors and you will pay them separately that would be OK here. I would though have good insurance coverage on your job site just in case. Kirsten
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Sharon's Forum Posts: 3

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By Sharon in NY on 4/24/2003


I hope you have your own insurance in place, because if someone gets hurt they will sue you regardless of the fact of workmen's comp. You own the land.
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Ray's Forum Posts: 6

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By Ray in Franklin, MA on 9/16/2004


It is true sole proprietors are not required to carry workmens comp as long as they do not have employees. The problem is you never no when they might bring along some help(EE) for the day(week)(Hour) and then they become an uninsured subcontractor and by law you become liable for the employee of an uninsured subcontractor. Same applies to partnerships
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By Nancy in Tampa, FL on 9/29/2004


Even if they don't carry Workmen's Comp they should be carrying a general or person liability policy on themselves. The subs we have done business have both or general/personal liability on themselves. Otherwise we don't use them, just not worth losing everything. Keep an eye on those subs that bring their underage kids along too. Big risk for you. The Owner/Builders policy we have doesn't cover hired help, just people who are looking at the house and get hurt. So if a sub gets hurt and doesn't have insurance he/she will be looking to you to pay the bills.
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By Thomas in San Jose, CA on 10/13/2004


I replied to others on this, but hey guys this is the best website.
www.scif.com
California has strict worker's comp policies, but we probably have more claims as well. Don't spend time trying to find a private insurer for workmens comp. Anyway I hope you can find the information useful. If anybody else had any luck with one of the private insurers post it.
Basically you set up an appointment at a local office for workmen's comp, pay a down payment.
After that you need to keep track of everybody's hours. The state will audit this and you pay based on how much you pay somebody per hour. Just be careful, you have a lot of people who can fall prey to bad contractors. If you go to http://www.cslb.ca.gov/ They let you look up a contractor by license # and you can verify there workmens comp. Then there's a certificate they can fax you if you hire them, that will prove their insurance is in effect. You need to do this before they start working on your site. Keep the copy of the certificate and your contract so you can have it to show your auditor.
 Almost none of the private insures spoke to me an owner builer. Go to the state, which runs its own fund first and if you can find somebody else great if not at least you got a start.
I'd be hesitant on having somebody work on site without a license and no workmen's comp. If they get injured and lose work for 10 days or have huge medical bills, I think you are responsible. Anyway the insurance could be something you write in their contract. Pay them an extra $5 hour, but then you deduct their workmen's comp. I think you'll still have plenty of takers.
Good Luck.

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