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Does a sub contractor have the same rights as a regular employee?

Los Angeles, CA |

My friend was hired as a sub-contractor. works for 6 days, hours would vary. sometimes from 4-8 hours a day. gets paid bi weekly and only gets about 1000 dollars. He was told that if he gets hurt on the job, that he has to look for a doctor on his own, and they won't be liable for any medical expenses. Is this true?

Attorney Answers 3

Posted

If your friend is properly classified as an independent contractor, then your friend is not entitled to the benefits of worker's compensation. On the other hand, if your friend is injured on the job, he may still have tort claims against any person or entity that contributed to his injury. Your friend would be wise to obtain health insurance as well as worker's compensation for his own business if he is truly an independent contractor.

Go to the link below for more information on the distinction between independent contractors and employes:

http://www.dir.ca.gov/dlse/faq_independentcontractor.htm

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Posted

Very few workers qualify as independent contractors any more. Lawyers and CPAs are about the only ones. So your friend is likely an employee anyway. His employer would be liable for injury on the job.
If your friend accepts his status as an independent contractor, he is giving up unemployment insurance and labor rights, such as time and one half for overtime. He should call the Labor Commissioner's office in LA to inquire about his rights.

DISCLAIMER—This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin

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1 comment

James Anthony Dal Bon

James Anthony Dal Bon

Posted

Good answer. They amended the Labor Code this year to include substantial penalties for misclassifying independent contractors.

Posted

I agree with my colleagues:

Independent contractors have far fewer rights than employees. However, the question is whether one is properly classified as a contractor rather than employee.

You might find the post at the link below helpful.

This information does not constitute legal advice and does not establish an attorney-client relationship.

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