Hire someone unlicensed, and their injury becomes your problem

Carol had a big tree in her backyard. Some branches hung over the roof. She hired Rick to trim it. Rick wasn't licensed. He brought a helper named Danny.

The tree was over 15 feet tall. Danny climbed a ladder. He fell.

Here's the part Carol never saw coming. The law can treat Carol, the homeowner, like Danny's employer. Not Rick, the person who actually brought him.

This really happened

Carol's story is based on a real California case, Jones v. Sorenson (2018). We changed the names.

• A homeowner hired an unlicensed tree trimmer.
• The trimmer brought a worker.
• The worker fell from a ladder trimming a tree over 15 feet tall.
• That work legally needed a license the trimmer didn't have.
• The California Court of Appeal held the homeowner could be liable for the injury.

The rule behind it

California Labor Code section 2750.5 says:

• A worker doing licensed work for someone who isn't licensed is presumed to be an employee.
• That can reach back to whoever hired the unlicensed person.

Carol never hired Danny. She hired someone unlicensed to do licensed work. That one choice put her in the employer's seat.

What that can cost

• Medical bills
• Lost wages
• Disability payments
• And often, no help from homeowners insurance, since many policies exclude unlicensed or unpermitted work

Quick take: the $40 helper

Tony, a handyman with no license, takes a $300 job. He brings his nephew and pays him $40. The nephew gets hurt. The same rule can land on the homeowner. A helper can turn a tiny job into a big problem.

The one thing that changes this

Check the Pro, and their helpers, before they come onto your property. A licensed contractor with workers must carry workers' comp. That's exactly the protection Carol's story was missing.

Other states have their own rules. Check yours before you hire.

Where PayBild fits

• If a job needs a license, only a verified, licensed Pro can bid on it.
• Licensed Pros list every helper on the bid. You see who's coming before you sign.
• Adding someone later? You say yes first.
• Small jobs with no license are locked to "Just me."

See how PayBild verifies every Pro

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Sources: Jones v. Sorenson, 25 Cal.App.5th 933 (2018). California Labor Code section 2750.5. Carol, Rick, Danny and Tony are changed names and made-up examples, based on real situations. General information, not legal advice.