Most people appreciate the need for insurance coverage – property and liability for the home, general liability for a business, workers’ comp for employees. But when you hire someone to come into your home for a project, do you know the rules? Do they?
Number 1: Are the Sub-Contractors Covered by Workers Comp?
When you hire a professional organizer to help you with a project, you’ll want to see proof that they carry workers’ compensation for their employees and contractors. Your homeowner’s insurance will not cover someone you hire to provide a service.
I Checked, Now What?
If the professional organizer proves they have insurance coverage, is that enough? No, you need to see if they have actually opted to cover any sub-contractors not on their payroll that they’ve hire to help with your project. This is because some expect the subcontractors to have their own workers’ comp, but you’ll need to make sure. Ask your professional organizer if sub-contractors will be used on your project and if the answer is yes, you will need to ask if the personal organizer is providing workers’ comp coverage, or if the subcontractors must carry their own? In either case, ask to see and verify the workers’ comp coverage to ensure that you are protected.
Number 2: What Happens if Someone Gets Hurt Following the Directions of the Realtors, Estate Attorneys, Heirs and Family Trustees on my Property?
If a personal organizer is working on a project, alone or with a team, the work is performed as a service for which the professional organizer is responsible. Good judgment needs to be exercised. If a piano needs to be moved and the organizer is tasked with moving it – he or she needs to decide if all of the elements are in place to be able to move the piano safely. Pressure from a realtor, estate attorney, heirs or family trustees to rush the move will not be seen as an excuse by any insurance company. If the move is done safely and someone is injured in the process anyway, a workers’ comp claim can be made. No blame, or negligence need be involved. This differs from your typical “slip and fall” case, where negligence is an essential element.
Number 3: Can the Person Hurt, File a Claim with EDD?
There is a difference between workers’ compensation and state disability insurance (SDI). If the injury is work related, the claim goes to workers’ comp, which differs from a physical or mental disability not caused by or related to work. Disability benefits are temporary. Workers’ comp can pay medical bills and benefits on a temporary or permanent basis depending on the nature and severity of the injury.
Number 4: If An Injured Person Sues the Estate, Can the Estate Assets (Real Estate) be Sold?
An estate can be sued, much like a person can be sued. However, if the person injured was hurt while performing work duties, the estate would not be the most likely entity to seek benefit from.
Workers’ comp should be first on the list. If the injured party is a subcontractor, to the professional organizer, and the professional organizer chose to cover the subcontractor through their own workers’ comp policy – again, it will be a workers’ comp claim. The estate is the least likely to be liable for an injury for anyone performing a work duty on behalf of the estate. It is always a good idea to get the advice of an attorney prior to talking about possible litigation.
What Insurance Does Estate and Business Organizers Carry?
Estate and Business Organizers carries the following types of insurance coverage to ensure our clients and our business will be adequately protected from the unexpected:
- Bonding Insurance
- Business Liability Insurance
- Workers’ Compensation on all team members