[dingus]

A small Not-For-Profit incorporated entity domiciled in South Carolina will be contracting with local contractors to make roof repairs to a building the NFP owns. The value of the contract is around $90,000 and most or all of the "bidding" contractors have "helpers" and certainly no more than 4As I understand SC Worker's Compensation Law, an employer does not legally have to provide WC coverage to those "helper" employees if there are less than 4 "helper" employees. Questions: 1) If the "helper" of the contractor is injured on the NFP Owners job site, who eventually is libel for the "helpers" injuries? Can the "helper" sue the Owner and claim an unsafe work site? To what degree is the Owner libel at all? and finally, if the Contractor is a Sole Proprietor and is injured at the NFP Owners work site, what recourse does he have against the Owner, claiming if all else fails, an "unsafe worksite". All of the above assume there is no collectable WC in force.
This is my first Thread attempt.

Dingus

[lwpat]

You need to specify that the roofer have GL and WC insurance and provde you with a certificate. The ceritficate should name you specifically and also should include a statement
that it cannot be cancelled without 30 days notice to you. I would also require a performance and payment bond and a roof bond. Otherwise do not use them or pay for the insurance yourself. Also you need to have a signed and written contract and check to be sure they are licensed with the state and have any business licenses required in your locality.

Have an attorney review the paperwork. Since you are non-profit you should be able to get it done pro bono.

[laoyepao]

First of all, a fine point, not related to WC: you asked who is "eventually is libel" for such and such. I felt it necessary to point out that libel is a legal term related to printing, or publishing defamatory statements(lies) about a person in a newspaper, etc.

You meant to ask "who is liable".

Second, in my state, MN, workers who have insurance, and are covered by WC can sue for things other than 'work related injury'. For instance, suppose a contractor shows upo at a hous to do concrete work in a basement, and out of the blue, a hot water heater blows and scalds a worker: that worker can sue the homeowner under the homeowners policy, sue the boss for workers comp, AND if he/she is covered by a seperate subcontractors insurance--sue his own policy ( I am not stating who would win, or speculating damages, but only pointing out the rights).

The whole idea of helpers is not a grey area at all: helpers are required to be covered, and as such are either employees ( the boss covers all insurance) subcontractors ( boss AND helpers carry insurance), or non-existent, meaning that they do not show up on any official documents( undocumented workers), and hence, if your smart--they don't show up on your job.

[bladerunner]

In SC, employers with less than 4 employees are not required to carry WC, and the employees are not required to, either. People work that way here every day. I don't know if they can sue the owner if they fall through the roof, for instance. (if you were to go find some guys to do your roof off the street, you'd be liable. If they are working for a company, you should be safe, but you should have accident insurance all the same) The state is supposed to cover the worker if the employer has less than 4 employees according to my lawyer.

[lwpat]

Otherwise do not use them or pay for the insurance yourself.

I stand by this statement. By hiring a contractor without WC you are opening yourself up to problems. Especially considering the hazards of roofing.

I would also question the ability of a contractor without WC insurance performing a 90,000 job.