EmpleoPregunta 1004 de 1605
A licensed general contractor hires an unlicensed subcontractor who brings his own crew but carries no workers' compensation insurance. If one of that crew is injured, who is most likely liable to provide workers' compensation benefits?
a.No one, because the injured person worked for the sub
b.The injured worker, who assumed the risk
c.The general contractor, because the unlicensed sub and its workers are treated as the general contractor's employees
d.The state uninsured employers fund, with no recourse to the contractor
Explicación
Under Labor Code §2750.5, a person performing work requiring a contractor's license who is unlicensed is presumed to be an employee, not an independent contractor. Combined with §3357, the unlicensed sub's workers are deemed employees of the hiring general contractor, who then bears the workers' compensation liability for their injuries.
Referencia Legal: Labor Code §2750.5; §3357Practica las 1605 preguntas gratis — sin registro.
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Última revisión: · proceso editorial
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)