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Does insurance cover a non-employee?
On a parenting website I belong to a lady posted a question and I need some help responding.
She hired a landscaping company to re-do her yard. The owner ofthe company sent one of his employees over to do some of the work. In the middle of the day she heard voices and looked out side, and the employee had his wife and children out there helping him work. She was debating on if she should call the owner of the company.
First question, is this a ok thing to do, bring the family to help you do your job? Can the owner of company get in any trouble legally? Child labor laws and such?
I was under the impression that if something happens to the wife or children, the owner of the company's insurance will NOT cover them, is that true?
What about workman's comp, will it cover employees family members? Or people not on payroll.
So let's says the wife of the worker gets hurt, and none of the insurance will cover her, can they sue the owner of the company? What about the homeowner?
Is this a huge liability to the owner of the company? Couldn't he lose his business?
Does it change anything if this family is here illegally?
She did call the owner of the company and he was very upset, and said he has told this worker before that he can't bring his family to work.
Thanks!!!
3 Answers
- StephenWeinsteinLv 710 years agoFavorite Answer
No, this is not ok.
Using children is not ok.
It is possible that the homeowner, the employer, or both, might get sued.
I do not think the employer is telling her the truth. The risk to the employer is so great that if he had told the worker not to do this and the worker continued to do it, then the employer would have fired the worker, immediately.
- AnonymousLv 710 years ago
Yep, there's no law saying that you can't have a wife and children as employees. Child labor laws limit the number of hours a child can work - it doesn't say that the child CANNOT work.
Regarding "something happening", it's going to depend on what TYPE of policy, and if the wife & kids are employees, or subcontractors. Regarding workers comp, yes, it covers ALL employees - but NOT volunteers, and NOT unpaid employees. But how do you even know if there IS a workers comp policy in force, at all?
Ultimately, you, the property owner, are responsible for all injuries of all the people you hire, and the people they hire. So yes, the owner could potentially lose his business - and YOU could lose your house.
It doesn't change ANYTHING, if any of the people involved are illegally in the country.
- MoneyMenLv 710 years ago
It's not really her problem, it's the owner of the business' problem. Chances are the 'employee' is illegal as well as his family members.
The homeowner should just make sure she has sufficient coverage (umbrella policy is a good idea) in case one of the lawn guys hurts himself on her property.
