I believe he owes me money due to the mistakes he made. Can I collect from him based on the insurance issue alone? My position as a homeowner was put at great risk. What law governs this issue?
Homeowner can file a claim directly with Cal. State License Board to report workers comp fraud. The CSLB works in conjunction with the district attorney to prosecute the contractor.
Unscrupulous contractors not only hurt the homeowners by puting the risk of accidents and injuries onto the homeowners, they also hurt legitimate contractors that pay for workers comp. insurance in order to protect homeowners.
Further, under Ca Civic Code, purposely failing to pay workers compensation, as opposed to underpaying workers compensation insurance is subject to disgorgement. Meaning, the contractor can be forced to pay back ALL monies paid to him/her on that project (not just profit made). Further, contractor is subject to suspension of his license.
Attorney Tran has given you an excellent response.
You can read more at the CSLB website:
If you have issues involving construction defect which are separate and apart from the workers comp insurance issue, you ought to consult with a construction defect attorney.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
If anyone was injured, you would be found responsible and your Homeowner's Policy would be forced to cover the WC claim. That is one excellent reason to verify both WC coverage and a valid Contractors License before hiring a Handyman/Contractor.
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