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Workers Compensation in California

Mountain View, CA |

If my gardener gets injured on the job, do I have to pay him workers compensation? Does he get to collect from me?

Attorney Answers 4

  1. That depends upon your definition of "me." Your Gardener is probably an independent contractor, which would mean that he is responsible for his own WC. If you have a Homeowners Policy (an excellent idea), then the policy has a WC rider that will probably defend you in this situation. I say "probably" because I am a Attorney, and giving the Gardener a STD is most likely excluded.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

  2. The Workers' Compensation Appeals Board Administrative Law Judge should rule in your favor, that your gardener is an independent contractor. assuming, he paid his own taxes; contracted with numerous individuals to perform different types of jobs; and that you did not have the power to control the details of your gardener's work, such as pruning the bushes or the method by which he performed the task.

    If the above factors are in your favor, you should be fine with the help of a workers' compensation lawyer to assemble all of the necessary documents to refute your gardener's arguments.

    Good luck,

    Michael Ian Rott, Esq., Managing Partner
    2635 Camino del Rio South, Suite 306
    San Diego, California 92108
    Office: 619.296.5884, ext. 14
    Fax: 619.296.5171
    Cell: 619.252.2248

    San Diego - El Centro

    Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.

  3. Check with your homeowners insurance because that will cover you for this situation if the gardner is not an independent contractor

  4. Assuming you are a homeowner and the work was being done on our home then probably not because the gardener would excluded from being an employee as he is what is called a household employee. Only if he did more than 52 hours of work during the 90 days before injury could he possibly be an employee, but even he he met that test he is likely still an independent contractor if e is doing other gardens.

    Either way, your homeowner's insurance should be notified if a claim is made so the insurer can defend you. That is one of your policy benefits.

    Good luck.

    This site is informational only and creates no attorney client relationship or a reasonable expecation of accuracy as any comments here are based on less than all of the facts. No comments here form any client relationship or create a reasonable expectation that you can rely on the comments. Only a formal retainer agreement can form an attorney client relatiopnship.

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