RE: Old thread - New query - Worker's Comp
From: Rob Sandelin (floriferousmsn.com)
Date: Wed, 30 Nov 2005 08:11:09 -0800 (PST)
Laws on such things are defined by your state. In the state of WA, there is
clear legal precedent that the client is not liable is a contractor does not
carry workmans comp. If the client, acts as a contractor, then the situation
is less clear. We had this situation arise and our attorney gave us this
info. 


Rob Sandelin
Naturalist, Writer
The Environmental Science School
http://www.nonprofitpages.com/nica/SVE.htm
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-----Original Message-----
From: Daniel Fallon [mailto:psychling [at] att.net] 
Sent: Monday, November 28, 2005 10:41 AM
To: Cohousing-L
Subject: [C-L]_ Old thread - New query - Worker's Comp

Friends:

Crunch time for budgeting for 2006 and the issue has surfaced again. 

The annual premium for WC insurance is between $450 - $500 dollars.

Some community members state that since the only people hired onsite to do
work are employed by others who purport to have WC insurance the community
HOA does not need to carry Worker's Compensation insurance.  

------------------------------------

There are other opinions: namely, mine.  Please shoot holes in them if you
can.

  a.. General contractors hire out to subcontractors.  Each makes claim to
covering their employees with WC insurance.  In some cases they actually
provide papers purporting to same.  However, what if the Gen/subcontractor:
    1.. is not truthful;
    2.. did not pay latest premium. 
  a.. A resident/renter/homeowner hires someone to do an odd job (plumbing,
housecleaning, etc).  If the hired person injures themself that person has a
claim against both the resident/renter/homeowner AND the Association.
  b.. If an injured party hired by a Gen Contractor / Subcontractor is
unsuccessful, or unsatisfied, with the payment from the Gen's/Sub's WC
insurance company that injured party can come against the Association for
relief / compensation.
  c.. If the WC insurance company wants to avoid / dump their responsibility
they can sue the Association.
  d.. If a resident or any other party (volunteer, visitor, etc) injures
themself while doing something (painting, cleaning, etc) on behalf of the
Association that person and/or their insurance carrier (medical insurance
company, disability insurance company, life insurance company) can come
against the Association for relief / compensation.  
-----------

Thanks in advance for any thoughts or experiences offered.

- Dan Fallon
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