雇佣要求第 1004 / 1605 题
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
解析
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.
法律依据: Labor Code §2750.5; §3357免费刷完整 1605 道题库 — 无需注册。
同考点相关题目
- When the Division of Labor Standards Enforcement discovers an employer operating without required workers' compensation coverage, one immediate enforcement action it can take is to:
- As of January 1, 2026, under the phase-in enacted by SB 216, which licensed contractors must carry workers' compensation insurance?
- What happens to a contractor's license if the required workers' compensation coverage lapses and no exemption is on file?
- The single most effective way for a general contractor to avoid becoming liable for a subcontractor's injured workers is to:
- After an employee reports a work-related injury, how quickly must the employer generally provide the employee with a workers' compensation claim form (DWC-1)?
- Every California employer subject to workers' compensation law must post which notice in a conspicuous location at the worksite?