Q. We employ a husband/wife team to clean our office. We pay them on a monthly contract basis and provide a Form 1099 at year-end. Would we be liable for an injury they might suffer while cleaning? — C.K., Illinois
A. If these people are truly independent contractors (and not employees), then you would be liable only for injuries they suffer for which your organization is at fault. If it resulted in litigation, the injured person would have to prove that his or her injury was caused by your negligence.
If you instead assigned employees—rather than contractors—to perform these services, then any injuries the employees suffer would be covered under your workers’ comp coverage.
Workers’ comp has its tradeoffs. On the one hand, an injured employee is entitled to the benefits regardless of whether the employer is at fault for the injury. On the other hand, employees injured at work (even when the employer is at fault) have only the workers’ compensation system—not the courts—to turn to for recovery.
You’ll want to make certain those cleaning workers are independent contractors. While most liability insurance policies will cover you in lawsuits by injured independent contractors, they will not provide protection for injuries to employees.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/10068/are-we-liable-for-injuries-to-the-cleaning-crew "