# Workers Compensation for day laborers



## CilasConcrete (Aug 12, 2010)

If I wanted to use a guy basically on a job to job basis and not a full time employee, how would I go about doing that the right way with workers compensation? Do I need Workers compensation for it?


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## Mellison (Aug 3, 2008)

Employ a payroll service (Paychex) that will also include workers comp.
Call in payroll as when applicable.


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## SuperiorHIP (Aug 15, 2010)

On my W.C. between the 1st and 10th I have to report how much I paid every person that worked for me that doesnt have their own W.C. I have one full time employee that I report roughly the same for every month but if I have another guy with me for a day or 2 I just add whatever I pay him in the appropriate category. Only thing that you need to watch for is if a temporary employee will receive any weekly pay from your coverage. When my friend broke his ankle on my job they decided to pay him what he would have made that day every week for a few months (he was only going to work the one day).


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## DBBII (Aug 28, 2008)

Most of the day labor services have their own WC coverage. If you have someone specific you want to use, you can usually get the day labor service to "hire" them. 

As a down-and-dirty budget, I've kinda assumed that if I want a temp guy to say, sweep the floor, and I want to pay him $10 an hour, the day labor service is going to charge me $20. Short term, it usually doesn't kill you.


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## Bweikel (Feb 20, 2011)

DBBII said:


> Most of the day labor services have their own WC coverage. If you have someone specific you want to use, you can usually get the day labor service to "hire" them.
> 
> As a down-and-dirty budget, I've kinda assumed that if I want a temp guy to say, sweep the floor, and I want to pay him $10 an hour, the day labor service is going to charge me $20. Short term, it usually doesn't kill you.


I agree a labor service is your best option. Your free and clear of work comp and limit your liability for the guy when you need him. I have a window job coming up and Iam gonna use a labor service so I can have help humping windows around.


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## Hmrepairs (Sep 11, 2010)

A great source for day labor around here is the drug and alcohol rehab place. Plenty of guys willing to work, several with construction experience. The place assumes all insurance responsibility, I pick the guy or guys up, bring them back at the end of the day, and must never leave them unattended. I have used these type of services in the past for roofing jobs, siding, fence, or deck building. I never have used them for interior work. Something to check into, plus it's a way to help someone who is trying to help themselves.


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## olligator (Nov 23, 2007)

Cilas,

Keep in mind that some of the employee leasing places have a minimum weekly payroll that you have to keep to use their service. If that's the case, you may have to do your payroll through them so you don't get burned on that kind of arrangement. If you already run a couple of full-timers, it's almost always cheaper to get your own standalone WC policy and run your own payroll. The employee leasing places don't nail you on the cost of the comp coverage, they nail you on the payroll processing. Something you can do in quickbooks very easy. The other alternative is the labor services like others have mentioned, but remember that you're def. going to have to keep an eye on them. I did day labor for a while to pay my way through college, and everyone there was half in the bag or had a drug problem.

Ollie


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## TracyMC (Oct 15, 2008)

Be very wary of using day labor, be sure you check your state laws regulating who is protected, by the WC. In Washington State, if a day labor employee is hurt on site, the only person protected from liability is the direct employer, which is the Day Labor Company. Several years ago, I hired a day laborer from a nationally known company, needless to say he as injured seriously onsite. The Labor Company was on the hook for the WC, but indemnified from further law suit. When the lawyers got alhold of it, My company, the GC, the owner of the building, were all named in the personal injury lawsuit. The only one which didnt suffer from this Was the labor contractor. FYI, Just my 2 cents, from my 1.7 mil dollar fiacso.


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## CJA (Jan 26, 2011)

I have Independent contractors sign a insurance waiver prior to starting work. You can get it from you insurance agent. You're free and clear. They can take you to court but they signed a form stating they are responsible for not only their personal insurance but the insurance of anyone working for them.

OR, use a day labor service that already has the right insuance for the guys they employ. But, be sure to read the contract in detail. The exclude a lot of sh!t.


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## CilasConcrete (Aug 12, 2010)

So your saying I am in the clear if I have my day laborer sign a Insurance Waiver?


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## CilasConcrete (Aug 12, 2010)

How would a Payroll service? Help with the workers comp?


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## VinylHanger (Jul 14, 2011)

If you use Paychex, the payment you make to them includes a WC policy that you pay for as you use it. It is a very simple system and works very well. It also keeps track of your employee expenses as a bonus.


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