Is a day worker or casual worker able to file a workman's compensation claim?

Question

The worker was hired for 2 days and has filed for a claim after he cut his finger. Is the employer liable to pay benefits even though he was only hired for a couple of days?This is considered a casual worker, correct?

Answer 1

If the contractor isn't licensed and has no insurance the owner of the property can be sued because the injury happened on the person's property. It's happened and as usual the person with the deepest pockets gets stuck with the bills.

Normally the person heads for the emergency room and gets treated at tax payer expense. I remember reading about an illegal alien construction worker in Los Angeles severing his thumb with a circular saw, he got it reattached and the medical bills totaled nearly 230 thousand dollars. Since neither he or his shady employer had insurance we the tax payers footed the bill.

Answer 2

Depends on State law, and you didn't tell us where you are.

In *most* States an employer is required by law to provide workers comp insurance for ALL employees including casual and day workers.

The question is more likely to be is the person who hired him truly an "employer" as the law defines it. If he's a contractor who routinely hires day workers then he's probably an employer for workers comp purposes. If he's a homeowner who hired a guy for a couple of days to do some yard work in his own home, he probably isn't.

If he doesn't have workers comp insurance then he can most probably be sued in his own person by the injured worker, who can most likely also sue the property owner on whose land they were working.

Word of warning..... if you hire a contractor to work on your home, ALWAYS check his license, bond, and workers comp. If he hires illegal aliens and doesn't pay workers comp for them, and one of them gets seriously injured on your land, YOU could lose everything you own.

Richard

Answer 3

Depends on the laws of your individual state. If the individual is a CONTRACT LABORER, then they cannot collect worker's compensation UNLESS the employer's private WC policy covers them.

Answer 4

He is covered from the second he punches in until the time he punches out.
If he was sent to a co doctor for treatment, he won't even see a bill.

Answer 5

If you are working for someone, you are covered.
If you are acting as an independent contractor furnishing services to someone, you have to cover yourself.

Answer 6

I don't think he can get it.