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|    ont.general    |    Ontario general chatter    |    8,306 messages    |
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|    Message 7,065 of 8,306    |
|    Some Guy to Jedi    |
|    Re: Legal responsibility for hiring stud    |
|    03 May 08 21:08:33    |
      a5f343cf       From: Some@Guy.com              Jedi wrote:              > In response to my WANTED advertisement to hiring someone to trim       > my cedar hedge in my garden, a person saying that he is a 4th yr       > univeristy student would like to perform the service for $10 an       > hour.       >       > He may perform the service tomorrow or next week. As he needs to       > climb up a ladder to trim the cedar hedge, I want to know if he       > unfortunately falls down from MY ladder and hurts himself or       > hurts himself with my electric hedge trimmer, what is my legal       > and financial responsibility for his injuries?              All employers that have a certain number of employees (I believe it       could be as few as one employee) must register with and pay WSIB       insurance premiums.              If you hire a company to perform work, and if they are a temporary or       transient company, they may not have registered with WSIB and hence       are ducking their responsibility to pay WSIB premiums. This is       typical of outfits that operate only during the summer, like painters,       general labor, landscaping, etc. It can also happen if a construction       company (typically a home builder) has hired undocumented residents       (ie - illegal immigrants).              If a worker is injured while performing work for you, and if their       employer has not properly covered them under WSIB, then you are liable       to pay part (or all) of the WSIB premiums that the employer should       have been paying.              If this person that you want to hire is self employed (ie - he is the       sole proprietor, a partner, or executive officer of his business or       corporation) then he is not required to pay WSIB premiums.              If he is injured while working on your property and if his injuries       are serious enough to require hospitalization or medical care, the       first thing they will ask him is if he was injured while "on the job"       or if his injuries are job related. It may be best to simply say no -       that you are a relative or he is a friend, and he was at your house       helping you out. You would have to judge whether or not that story       would hold over the time-course of his treatment and rehabilitation.              But in general, someone that is self-employed is not required to pay       WSIB premiums, and you would not be liable for his injuries - unless       you provided the tools or impliments that were faulty that caused his       injuries, or if in general it was your neglegence that caused his       injuries. In that case, most likely it would be himself, or his       family, that would sue you (I don't think the police would be involved       - unless there is evidence of intent to injure).              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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