Sure would be where you are.
But we're in Aussie and different states have different rules.
Also, I'd say if the whole job was subbed out, like a crew comes in and does the whole tree with you watching then yes it would also apply.
What happens here is the WC people look at contractors in many cases as employees. So if the contract climber has an accident it's on your insurance. But if the whole job was farmed out to another tree company then no ... I'd say the contract definately holds up. It's just a matter of who he's reporting to and who's running the job site etc.
Frankly, it's a bit of a mess and many are confused.
For instance, I get a guy to come in and chip for me. But between chipping loads he decides to drag out some branches. Cops a struck by. Is he deemed an employee or contractor then? Messy. |