What to do if an independent contractor gets hurt on the job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if an independent contractor gets hurt on the job?
I own a small home repair business and would like to hire an occasional laborer. I do not want to take on an employee at this time, but do need help from time to time with bigger projects. Can I hire an individual as a laborer and still be protected, and if so what do I need to do to protect my business if the laborer gets hurt?
Asked on August 30, 2011 Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you hire a laborer as an independent contractor, you cannot necessarily avoid being sued for injuries generally speaking because you cannot disclaim from that but you should consult with your local business incubator or commerce associations about whether there are precautionary contracts you can draw upon. Ultimately, you want to make sure this person is not an employee and that you also take precautions when you are with this person. The person you bring on should not be on a job alone; at the very least you want someone there you can trust. Consider speaking with a local attorney who handles small business owner issues especially in the fields of construction and electrical repair, where most injuries occur.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.