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.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
b.Nobody at all — by accepting the job without holding a contractor's license, an unlicensed worker is deemed to have waived every right to workers' compensation medical treatment and disability benefits
c.The State of California, which pays the injured worker's medical bills and disability benefits directly out of the state general fund's tax revenue rather than out of any employer's insurance policy
d.The injured framer himself, who must pay his own medical bills and lost wages out of pocket
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)This topic, taught in full in the California Property & Casualty Broker-Agent guide. California Property & Casualty Broker-Agent Study Guide — 2026 Edition — PDF + EPUB, $24.99 · 14-day refund →
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