Workman's compensation

So I am working a book to help Arizona home owners, find, hire and work with a roofer specific to the sate of Arizona. I thought "hey I have been in this business for a long time, this will be a piece of cake" Boy was I wrong. This project has been challenging and frustrating. But well worth it, if even one homeowners uses it and gets a good roof.

Anyways, part of the "knowledge" that I want to share is about insurance. What it is, what it covers and what its does not.  The kinds of insurance that a contractor carries is very important to the homeowner. However, the law only requires that a contractor carry workman's compensation insurance. General liability is optional. The states wants to make sure the workers or covered, but your property ... well that's on the you and the contractor.

Keep in mind that I am not lawyer, and this is not meant to be take as legal advice. If you have a specific legal problem, please consult and attorney. I am a firm believer in consulting with a professional, about any matter of importance.

It may not come as a shock to you though, that some (many) contractors don't carry workman's compensation insurance. The only valid reason for this, is an owner operator contractor, who is not required by law to carry coverage on themselves. However, as I was told by a gentleman at the Arizona Industrial commission "If you have even one part-time employee you have to have workman's compensation".

Contractor's will try get around this by calling their workers "independent contractors". This can be a sticky situation, if the contractor is treating them like an employee. The IRS has set up guidelines to help determine if you are really an independent  contractor or not.

Just yesterday, I was very pleased to receive a phone call from the Arizona Industrial Commission. I am working very hard on my book, and I want to make sure that the information in it, is correct. So I have been reaching out to every possible person and agency that I can to learn the FACTS. The last thing that I want to do is propagate any myths.

Here is what I learned ... if a contractor has an employee (as defined by the law) who gets hurt on a job. That worker has the RIGHT to visit any emergency room, with or without the contractor's consent. When that employee tells the hospital they were hurt on the job, the hospital will ask them complete a special form which will start the workman's compensation investigation process. They want to get paid right?

If that contractor does not have coverage. The employee has the option of suing that contractor or allowing the Arizona to send it to their "special fund" division. It is then treated just like any other workman's compensation claim. If a payment is due it comes from the "special fund". Then Arizona will go after that contractor for the money, and may be some other fines and so on.

Again, I am not a lawyer. If you need specific legal advice please call a lawyer to help you.

Need help with your roof project? Call me (480) 265-1613