Can a laborer ( through Craigslist ) sue me ? (rent, homeowners insurance)

[Allergyvictim]

So I need to remove the slab concrete in my backyard ,this require using jackhammer and concrete saw,
I got a laborer from craigslist to do the job ,but I was thinking what if he cut his foot ,can he legally sue me ?

[eureka1]

Of course he can if you supervised him. If he has a contractors' license you may be okay.

[marcopolo666]

Anyone can sue anybody, no matter what. Whether he has a rats chance of winning is the question. I would have him sign a document that says that you are hiring him as an independent, he is responsible for his own insurance, and that he waives the right to sue you for anything except non-payment of the agreed upon fee, including but not limited to injury on the job, and that he waives the right to place a lien on your property for any reason. And get an estimate that is NOT hourly, but a fixed amount (hourly-paid are employees, not independent contractors). Record both of you (outdoors, in a public spot NOT your backyard), you explaining these are your stipulations for the work, you saying "read it" (on camera), him reading it and you saying "do you agree to the stipulations" and then him signing the document. It would be kinda hard afterwards for him to win in court.

[jw2]

Originally Posted by Allergyvictim

So I need to remove the slab concrete in my backyard ,this require using jackhammer and concrete saw,
I got a laborer from craigslist to do the job ,but I was thinking what if he cut his foot ,can he legally sue me ?

Yes he can sue. California Labor Code Section 2750.5 basically says if you hire an unlicensed contractor for a job that requires a license, the person you hire is treated as if he is the homeowner's employee. The homeowner is liable. He takes 100% responsibility for Workers Compensation.

No amount of liability releases will help you.

To avoid this, hire a licensed contractor with liability and worker's compensation insurance.

[justinbro2002]

anyone can sue you. I am going a similar job in my backyard my wife suggested I hire one of the guys who hangs around outside of home depot looking for work. I told her I would rather bust my ass than open myself to a liability

[24hr7]

An unlicensed worker injured on your property will be able to collect the medical payment coverage portion of the homeowners policy (usually $5000) regardless of fault. All he would have to do is file an insurance claim with your homeowners insurance carrier.

The worker could sue you but he would have to prove you were negligence in some way leading to or cause the injury in order to get compensated beyond the medical payment coverage . Anyway, if these situations come up, consult your insurance agent and/or file a claim so your homeowners insurance carrier can defend you.

[Allergyvictim]

Originally Posted by marcopolo666

Anyone can sue anybody, no matter what. Whether he has a rats chance of winning is the question. I would have him sign a document that says that you are hiring him as an independent, he is responsible for his own insurance, and that he waives the right to sue you for anything except non-payment of the agreed upon fee, including but not limited to injury on the job, and that he waives the right to place a lien on your property for any reason. And get an estimate that is NOT hourly, but a fixed amount (hourly-paid are employees, not independent contractors). Record both of you (outdoors, in a public spot NOT your backyard), you explaining these are your stipulations for the work, you saying "read it" (on camera), him reading it and you saying "do you agree to the stipulations" and then him signing the document. It would be kinda hard afterwards for him to win in court.

Sounds sophisticated but it makes sense to do all of this to avoid a law suit .
I do appreciate all the feedbacks, each one is helpful, I ll get a licensed contractor then
or may be I learn how to use jackhammer on Youtube

[Electrician4you]

Originally Posted by marcopolo666

Anyone can sue anybody, no matter what. Whether he has a rats chance of winning is the question. I would have him sign a document that says that you are hiring him as an independent, he is responsible for his own insurance, and that he waives the right to sue you for anything except non-payment of the agreed upon fee, including but not limited to injury on the job, and that he waives the right to place a lien on your property for any reason. And get an estimate that is NOT hourly, but a fixed amount (hourly-paid are employees, not independent contractors). Record both of you (outdoors, in a public spot NOT your backyard), you explaining these are your stipulations for the work, you saying "read it" (on camera), him reading it and you saying "do you agree to the stipulations" and then him signing the document. It would be kinda hard afterwards for him to win in court.

Article

Labor Code § 2750.5
Labor Code § 2750.5 says that anyone performing work for which a contractor's license is required, or working for someone who is required to be licensed, is presumed to be an employee of the hirer unless certain criteria for independent contractor status are met. The first criteria for being deemed a independent contractor instead of an employee is that the contractor must hold a valid contractor's license. Thus a worker without a contractor's license, or working for someone without a contractor's license, cannot by law be an independent contractor, and must be presumed to be an employee. Thus Labor Code § 2750.5 creates a rebuttable presumption that an unlicensed contractor and his or her employees are employees of the homeowner, and the presumption cannot be rebutted if the contractor doesn't have a valid license because he doesn't meet the first criteria for being an independent contractor.

Labor Code § 3352
Labor Code § 3352 lists some exceptions to the definition of an employee, thus exempting the hirer from liability to provide worker's compensation benefits if the worker or contractor fits one of the exceptions. Subsection (h) excludes "casual residential employees" from the requirements. A casual residential employee is anyone who worked or contracted to work less than fifty-two (52) hours in the ninety (90) days preceding the injury, or anyone who earned less than $100 from the hirer in the preceding ninety days.

The first section applies. The second section does not. Thus in the eyes of the law the hired person is a employee.
Even if you do all that taping and waver etc, I guarantee if the guy gets hurt a lawyer WILL come after you and your homeowners insurance. Why? Because the person who has more money is who everyone goes after. And the homeowner has more money.

My suggestion is to hire a licensed demo crew or go rent a jackhammer and and a wheelbarrow. Hell if you have a sledge hammer a hydraulic Jack and a shovel you simply dig a hole in a corner, shove the Jack under there and then pump it up. Hit it with a sledge and break it up. Go get one of those green WM construction debris bags and call them to pick up.

I ONLY use licensed contractors.

[Allergyvictim]

Originally Posted by Electrician4you

Article

Labor Code § 2750.5
Labor Code § 2750.5 says that anyone performing work for which a contractor's license is required, or working for someone who is required to be licensed, is presumed to be an employee of the hirer unless certain criteria for independent contractor status are met. The first criteria for being deemed a independent contractor instead of an employee is that the contractor must hold a valid contractor's license. Thus a worker without a contractor's license, or working for someone without a contractor's license, cannot by law be an independent contractor, and must be presumed to be an employee. Thus Labor Code § 2750.5 creates a rebuttable presumption that an unlicensed contractor and his or her employees are employees of the homeowner, and the presumption cannot be rebutted if the contractor doesn't have a valid license because he doesn't meet the first criteria for being an independent contractor.

Labor Code § 3352
Labor Code § 3352 lists some exceptions to the definition of an employee, thus exempting the hirer from liability to provide worker's compensation benefits if the worker or contractor fits one of the exceptions. Subsection (h) excludes "casual residential employees" from the requirements. A casual residential employee is anyone who worked or contracted to work less than fifty-two (52) hours in the ninety (90) days preceding the injury, or anyone who earned less than $100 from the hirer in the preceding ninety days.

The first section applies. The second section does not. Thus in the eyes of the law the hired person is a employee.
Even if you do all that taping and waver etc, I guarantee if the guy gets hurt a lawyer WILL come after you and your homeowners insurance. Why? Because the person who has more money is who everyone goes after. And the homeowner has more money.

My suggestion is to hire a licensed demo crew or go rent a jackhammer and and a wheelbarrow. Hell if you have a sledge hammer a hydraulic Jack and a shovel you simply dig a hole in a corner, shove the Jack under there and then pump it up. Hit it with a sledge and break it up. Go get one of those green WM construction debris bags and call them to pick up.

I ONLY use licensed contractors.

The thread has become more reach after you added your input, I feel it will be fun to do it my self
Thank you sir !

[marcopolo666]

The key here is "work for which a contractor's license is required". The requirement is "anyone who contracts to perform work on a project that is valued at $500 or more for labor and materials must hold a current, valid license from the CSLB". So hire a guy to do demo for at home depot and pay him $490 if he finishes, and $400 if he doesn't. If he doesn't finish the job, you tell him (up front) that he has to leave after 4.5 hours. Then you go back the next day and get somebody else.