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Do subcontractors need liability insurance?

By Emily Wilson |

Typically, there are no subcontractor insurance requirements, other than those of your general contractor or employer. In most cases, you won’t be legally required to have general liability insurance or any other kind of coverage.

Do I need workers comp for my subcontractors?

Any subcontractor that uses employees is required to have its own workers’ compensation policy. In most states, independent contractors aren’t required to carry workers’ compensation coverage for themselves, but they can choose to do so.

Are temporary employees considered subcontractors?

Temporary workers are generally considered employees and have rights and protections that aren’t available to independent contractors.

Do I need workers comp insurance if I have 1099 employees?

The general rule is that employers do not have to carry workers’ compensation insurance for workers who qualify as 1099 Independent Contractors.

Is a contractor liable for a subcontractor?

A general rule of contributory negligence is that a main contractor is not liable for the negligence of its independent subcontractor. There are some exceptions to this rule, including: The main contractor had actual knowledge that the sub-contractor’s work had been done in a foreseeably dangerous way and condoned it.

What’s the difference between contract and temporary employment?

Temporary workers are employees of yours or of a temporary agency. Contract workers are hired to perform a job or task, but they are not your employees – they are in business for themselves.

Do you need liability insurance for a temporary worker?

If you currently have public and employers liability insurance, whether you are covered for temporary workers or not will depend on the type of policy you have and the insurance company’s wording for that policy.

Can a construction company claim workers’compensation on a temporary employee?

If a temporary employee injures themselves or has to go to an emergency room, they would be covered under the temporary staffing or leasing agency’s workers’ compensation policy, thus, prohibiting them from making a claim against the construction company’s liability policy.

Do you need workers comp if you are a subcontractor?

The employer does not need to offer your workers comp or general liability to cover you in the event of an accident. It is your responsibility to take out CGL insurance for yourself and if you have anyone working for you, you need to ensure that they are insured too.

When is a temporary employee not considered an employee?

If the worker is not specifically substituting for a permanent employee who is on leave, or meeting a seasonal need or short-term workload conditions, the worker is not a “temporary worker” in the eyes of the insurer, and instead is considered your employee for purposes of Exclusion e.