Insurance & LiensQuestion 466 of 1605
A general contractor hires an unlicensed "subcontractor" who brings their own crew to the job site. If one of that crew is injured, who is most likely treated as the employer for workers' compensation purposes?
a.No one; unlicensed crews have no workers' compensation rights
b.The injured worker, who must self-insure
c.The general contractor, because the unlicensed person is deemed an employee
d.The property owner, in every case
Explanation
Under Labor Code §2750.5, a person performing work requiring a contractor's license without one is presumed to be an employee, not an independent contractor. The general contractor can therefore be liable as the employer for the unlicensed sub and its workers.
Law Reference: Labor Code §2750.5Practice all 1605 questions free — no signup required.
Related questions on this topic
- An employee is unable to work while recovering from a job injury. Temporary disability benefits generally replace approximately what portion of the worker's lost wages?
- An injured worker's doctor finds the worker can no longer return to their old job, and the employer offers no alternative work. The worker may be entitled to a supplemental job displacement benefit, which is:
- Every California employer subject to workers' compensation must, in the workplace, do what regarding coverage?
- A contractor's workers' compensation policy is cancelled and the contractor has not filed an exemption certificate. What is the consequence for the CSLB license?
- A property owner is injured when a wall built by the contractor's crew collapses on her. Which of the contractor's policies is designed to respond to this third-party bodily injury claim?
- Which type of insurance is specifically designed to cover a structure and its materials against fire, theft, and weather damage WHILE it is still under construction?
Last reviewed: · editorial process
Sen Lin, PrepPass Founder · Verified against California CSLB Contractor License Law & Business Exam · How we review
Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)