Old thread - New query - Worker's Comp
From: Daniel Fallon (psychlingatt.net)
Date: Mon, 28 Nov 2005 10:40:57 -0800 (PST)
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.  

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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.  
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Thanks in advance for any thoughts or experiences offered.

- Dan Fallon

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