Workers' CompensationQuestion 211 of 215
A licensed general contractor hires an unlicensed framer who has no workers' compensation insurance, and the framer is injured on the job. Who is most likely responsible for providing workers' compensation benefits?
a.Nobody — unlicensed workers waive their right to benefits
b.The State of California pays directly out of general tax revenue
c.The injured framer must pay their own medical bills
d.The general contractor, because under Labor Code §2750.5 an unlicensed person performing work requiring a license is presumed to be the general contractor's employee
Explanation
Labor Code §2750.5 creates a strong presumption that any worker performing services requiring a contractor's license without holding one is the EMPLOYEE of the hiring contractor — not an independent contractor. The general contractor's workers' compensation policy then has to respond, regardless of any side agreement that labeled the framer a 'sub.'
Law Reference: Cal. Labor Code §2750.5 (licensed-subcontractor rule)Practice all 215 questions free — no signup required.
Related questions on this topic
- After a claim is filed, what is the maximum time the insurer has to either accept or deny the claim before the law presumes the injury is compensable?
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- A California corporation has one shareholder who is also its sole officer. Which statement about that owner's workers' compensation coverage is correct?
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- An employee is injured at work when a delivery driver from an unrelated company runs a red light and hits him. The WC insurer pays his medical bills and disability. What right does the insurer have against the at-fault driver?
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