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Question DetailsAsked on 6/12/2011

Is proof of worker's compensation a common requirement among condo associations?

My condo association requires contractors who do work on common elements (that includes windows, plumbing, electric...) to show that they have workers compensation. Is this a common requirement and is it justified? What are the legal requirements (in Illinois) for workers compensation? Does the requirement of the condo association go above and beyond what is legally required?

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5 Answers

0
Votes

A non-attorney, non-insurance professional opinion:

Condo associations and similar associations exist to (among other things) do for the collection of owners what they need to have done in shared/common spaces and they do not exist to create additional, unnecessary liability for the association members.

Avoiding unnecessary liability for members can be partially satisfied by making certain that any company employed on your behalf by the association shields you from injury claims by its workers by requiring they maintain workers' compensation insurance whether it is required by the state or not.

They could also require that any company working for the association not employ people who can not prove a right to work in the country.

They can require anything on your behalf that is not specifically prohibited by law if it is to protect you or otherwise serve the by-laws of the association. In this instance, it seems they are clearly trying to be certain your pocket is guarded.

Sorry, my opinion gene gets carried away sometimes.

If you have a rainy afternoon and want to dig deeper, try:

My vote: thank them for being cautious.


Answered 7 years ago by Old Grouch

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What Mike said.

Answered 7 years ago by Commonsense

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Hi Mike, thanks for your response! In theory I share your opinion. But here's the challenge: of three contractors (all with stellar Angie's List ratings) that have submitted bids, only one is able to comply with the board's request. And this contractor's price is 40% higher than the contractor of my choice! That is quite a premium to pay for caution.

Answered 7 years ago by hp chicago

1
Vote

Check out those links Mike gave you. They're good. My understanding is that workers' comp provides for injuries that occur on the job. From my cursory reading of the first link Mike provided, it looks to me like the IL laws regarding the requirement for independent contractors to have workers' comp are a bit convoluted.

I wouldn't let anyone work for me who didn't have workers comp (and insurance) because if something unfortunate happens on the job they might be tempted to come after me for their injuries. I think any prudent worker would have workers comp. I know it's mandatory in a lot of states, but apparently not in Illinois in some circumstances.

There is no reason a person with workers' comp should charge 40% more for the same job, and I'd say more bids are needed to get the price into the neighborhood of the other contractors' bids.

Answered 7 years ago by Commonsense

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If a workman is injured and his employer doesn't have a viable workers compensation insurance policy in effect at the time of injury, the property owner may be liable for initial and ongoing health care. While a private home owner can often refer injury claims to their home owner's insurance, an association's insurance policy may differ greatly. Have you read your association's insurance policy?

Annual workmans compensation insurance premiums are not cheap, nor is the cost of health care

Answered 7 years ago by tessa89




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