Independent contractor hiring assistant

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Posted by: from Ottawa
5/26/2016 at 12:13:38 AM

Who is liable if a worker hired as an assistant to an independent contractor injures himself on the job site? Is it the independent contractor, the assistant or the home owner who hired the independent contractor in the first place?

Thanks for replying!

P.S. The insurance document provided by the independent contractor nowhere lists the name of the assistant as being covered by the contractor's policy.

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Kershan from Roofmaster Ottawa Inc in Ottawa
Date/Time5/26/2016 at 11:17:20 AM

Hi Genevieve,

If you hired a contractor to do work at your home, the contractor is liable for WSIB for the assistant or any other workers he has on the job site. If you hired a person to do work on your home and are paying them say time and materials or hourly directly in their own name by cash or other method, then the homeowner would be responsible. For example, if you hire "xyz contractors inc." to paint your home for $1000+HST, all the workers/assistants/and other people that "xyz contractors inc." brings to do the work are covered by them. If you hire a person off Kijiji that has no company and will do the work for $25/hr + materials and you're writing a check to the individual's personal name, then you would be required to cover the individual with WSIB.

Best of Luck,

Kershan from Roofmaster Ottawa Inc.

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Genevieve in Ottawa
Date/Time5/26/2016 at 12:59:48 PM

Thanks ever so much, Kershan! I thought as much and I am grateful to get confirmation from a 'Pro'.

My contractor and I have discussed this issue. I have been assured that he will be working by himself on the project. However, should he need an assistant down the road, he will provide us with that person's WSIB and personal liability insurance before hiring that person (the worker he has in mind does have those coverages). That has been confirmed via both a telephone conversation and email. We are satisfied that that issue is now settled.

Thanks again!

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