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DorrinndaF (Michigan)
Posts: 17
Posted:
we get all our work done from companies we hire in - we dont employ anyone or pay a wage to any individuals - do we need workmans comp insurance ? Is it beneficial to have?
SheliaH (Indiana)
Posts: 6,964
Posted:
For legal questions like this, ask you association attorney to be certain (that's why you have them) as well as your association master insurance carrier.

As a practical matter, you should check that all contractors have the property insurance, permits, and so on needed to do the work you've hired them for (check for this information BEFORE any contracts are signed). Contracts should also have language releasing the association from subcontractor liens. Otherwise if the main contractor (the one you hired and paid) doesn't pay them, the subcontractor could go after the association for payment, which could include filing a lien against the association property.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Are you on the Board, Dorrinda?
ND (PA)
Posts: 792
Posted:
In most cases, contractors that have employees are required to have a workman's comp insurance policy. However, just because it's required, doesn't mean it's a guarantee. And even if a policy was in place (or was claimed to be in place) at the time of contract signing, that's not guarantee that the policy is still in place when work is performed.

In any event, if the HOA has their own workman's comp policy, it would provide some level of protection to the association in the event that a contractor's employee is injured and that contractor didn't have an appropriate or adequate policy in place at that time.

While associations are required by law to carry certain policies and coverage limits (as specified in state law or your declaration), additional policies and/or coverage can be purchased based on best practices or whatever the Board determines to be in the best interest of the association.

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