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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37951
Experience:  Retired (mostly)
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hello. I am a general contractor getting ready to work in a

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hello. I am a general contractor getting ready to work in a mall doing millwork ( carpentry ) in california. what are the good and bad points of having a waiver of subrogation for Workers Comp. Does this mall have the right to ask for this ? do I have to provide this ? wouldent something like this be covered under my general liabilty already ??
The good point is that the subcontractor's insurer can't come after you to recover workers compensantion payments to an injured subcontractor.

The bad point is that the subcontractor's insurer will want to be paid for the waiver -- otherwise it will refuse to waive its right to subrogation.

So, you either take the risk of being sued in a third-party complaint for an injury caused by your negligence, or you or the sub pays for the waiver, which increases the cost of the job for everyone.

Hope this helps.

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Customer: replied 4 years ago.
do u have an idea on how much this waiver will cost ?
No clue -- sorry. You'll have to contact each sub and ask them to contact their WC insurer and give them a quote. Pain in the b***.

The only options would be for you to employee everyone directly and pay their WC benefits yourself -- or, only hire subs who are one-person operations who do not have WC insurance. Of course, the mall may demand you prove that you have coverage for all of the workers on site -- but that's a whole different issue.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 4 years ago.
is that just my crew or evvery single company working at the site
If they're your subs, then you would have to either get a waiver or cover them yourself.

Hope this helps.
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