contractor wants me to get workers comp

[George P.]

I have a house that needs to be remodeled. one of the contractors said that since i would be hiring him and his crew, i'd be acting like the general contractor and need to pay for his workers comp.

i know nothing about this. in the past, i hired guys, they come, do work.. i pay them, they leave.

any feedback/input?

[Jerry W.]

Let me start with a disclaimer, it is possible the workers Comp statutes in your state are different, but I doubt it.

There appears to be a huge misconception here about how Workers Comp works. Workers comp was created so if a worker was injured on the job there was a guarantee his medical costs would be covered. Insurance would be spread between all hazardous occupations to reduce the cost. In order to get employers to buy into this they added a provision that the worker could not sue the employer because of the injury except in very limited circumstances.

Worker's comp protects the employer from suit, BUT NO ONE ELSE!

Do not expect Worker's Comp to protect you. You need liability insurance, and make sure the contractor retains control over his workers.

Example, Contractor hires person pays workers comp to state, worker climbs up wooden ladder that is 30 years old supplied by contractor, it breaks. He cannot sue contractor. Contractor tells worker to go up a ladder that is too short and so worker stands on top rung and falls off getting hurt, he cannot sue contractor.

In the 2 above examples the homeowner is not going to be sued because he did nothing wrong, and the contractor maintained control over the worker.

Second example. Homeowner hires worker who climbs up 30 year old wooden ladder supplied by owner and it breaks and he falls, if homeowner did not pay workers comp. he can be sued by worker and will probably lose.

Homeowner hires contractor who has worker's comp. Contractors employee is painting trim inside house. Homeowner tells him to go outside and go up ladder to paint a spot under eaves they missed. Homeowner follows to make sure he does it, ladder is too short so worker stands on top rung and falls and injures himself. Worker's comp pays for his injuries but he can sure homeowner, will probably win. Now worker has to pay workers comp back part of his judgement he got from homeowner but since he got pain and suffering, and loss of consortium, and because he can no longer do motor cross races he got $500,000 more than workers comp paid.

Do not count on workers comp to protect anyone but the employer. Do not give orders to workers of the contractor, tell him what you want done and him supervise his employees.

Always keep your own liability insurance even if the contractor is insured.

I hope this helps folks avoid a misconception.