Our office had a recent conversation with an Attorney from the State?s WC Department (Dept. of Industrial Accidents) regarding Worker?s Compensation. They said that there is a real problem with small Roofers claiming exemption via the Sole Proprietor declaration and bringing in people to help with the roof as ?Independent Contractors?.
According to the State, that is illegal. These are not ?Iindependent Contractors? but are viewed as employees, as defined by their office. Either that Sole Proprietor is doing all the work by himself on the roof; i.e. solo/alone/no helper/etc., or he has employees and must provide Workers Compensation Insurance. The attorney said that there is no such thing as a Sole Proprietor Roofing Contractor!
Why should we care? Because we could be liable! Be careful accepting someone?s signature on the affidavit as exempting us from liability, especially if have knowledge or should have had knowledge to the contrary. If someone falls and gets hurt, the attorneys will be combing our department to see what we know. Could we be held negligible? Perhaps.
These injuries result in lawsuits and that means men is suits firing wildly in all directions ? don?t get caught in the crossfire.
Here in Middleton, we recently pulled a permit from a guy, under the guise of false statements on the permit, were he had claimed Sole Proprietor but had several guys working for him. He had been verbally warned, after the conversation with the State.
As of now, we hear the Owner is planning on pulling the permit and proceeding, but I caution you there as well. read the fine print to Item #3 of the WC affidavit ? it says that if a Homeowner pulls the permit and does not do the work themselves, but hires someone they need to refile and provide WC proof, likely as item #4 GC.
Bottom line, anyone on a roof for hire should be protected by Worker?s Compensation Insurance. Don?t expose yourself to liability to anyone ? your job is not is more important to you than that.
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