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Question

I live in Georgia and have a mobile home that I have rented to a gentleman. The agreement was that he would barter labor valued at $10 per hour for rent value. He will be performing farm task. Is he responsible for his own insurance if he were to hurt himself on the property. I do not own the property only the mobile home so I do not have home owners insurance. What can I do to safeguard myself from damages. The gentleman is currently trying to file workmans comp charges on someone he was doing independant labor. (For Tennis Elbow)

Submitted: 336 days and 14 hours ago.
Category: Employment Law
Value: $15
Status: CLOSED

Accepted Answer

Dear fitzpatrick,

 

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. That being said...

 

If I were you, I would draft of a contract where this gentleman agrees that he is an independant contractor providing farming services and that he understands that he is not an employee and that, therefore, you will not be withholding taxes but, rather will be issuing him a 1099 at year end if required by law (then ask your accountant). Have him also agree that therefore, because you are not an employer you will not be procuring workers compensation insurance. A mainstay of independent contracting is that the IC is not under the control of the other party when doing his services - he is a professional contracting to provide his services as he sees fit, with results to be as contrracted for. You understand that he will provide X # of hours of services per month in exchange for use of Y unit as a residence.

 

Incidentally, you may want to double check on homeowners, since you do own the home. Any major ins. carrier could advise you on that.

 

Hope this helps to clarify.


I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Thanks!

 

Sincerely,

 

Stephanie Joy

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

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Expert: Stephanie O. Joy, Esq.
Pos. Feedback: 100.0 %
Accepts: 
Answered: 12/21/2008

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15+ Years of Legal Practice and Consulting Experiencein Employment Law throughout the U.S.

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