Does Your GL Policy Cover 1099 Contractors?
Bernie Narvaez
Understanding Liability Risks with Independent ContractorsWorking with independent contractors can provide numerous benefits, but it also involves potential liability risks. Many business owners...
Understanding Liability Risks with Independent Contractors
Working with independent contractors can provide numerous benefits, but it also involves potential liability risks. Many business owners frequently believe that their General Liability (GL) policy sufficiently protects them in these scenarios—unfortunately, the reality is more nuanced. When contractors lack their own coverage, businesses might face exposure to claims that they assumed were covered.
Your GL Policy Covers Your Business
Let's clarify: Independent contractors are not employees of your business, yet their actions can significantly affect your operations. While your GL policy may offer some protection by covering lawsuits involving contractors’ work, be aware that independent contractors are not automatically covered under your business's policy. This means that if something goes wrong, you might be left footing the bill unless precautions are taken.
Insurance Solutions to Reduce Your Risk
Require Contractors to Have Their Own GL Insurance
Many industries mandate that contractors carry their own GL insurance. This ensures that any claims arising from their work fall under their coverage rather than your business’s, transferring risk appropriately.
Ask for Proof of Insurance
Always request a certificate of insurance (COI) from contractors. Failing to verify their coverage can expose your business to unforeseen liabilities. A COI is a simple but powerful tool to ensure compliance and coverage.
Be Named as an Additional Insured
By requiring contractors to include your business as an additional insured, you extend your protection. This step means that in case of a claim, your business is also protected under the contractor's policy.
Consider an Owner’s and Contractor’s Protective (OCP) Policy
OCP policies can be valuable; purchased by the contractor, they cover the business as the primary beneficiary. This offers an additional layer of protection directly benefiting the hiring business.
Use a Well-Drafted Contract to Clarify Insurance Responsibilities
A contract should clearly outline insurance expectations and liability responsibilities. A concise contract can prevent disputes and provide clarity during conflicts. Consider how specifying responsibilities within a contract can avert potential disagreements.
Why Proper Insurance Coverage is Critical
Ensuring proper insurance coverage when hiring independent contractors is crucial. Overlooking this dimension can leave you liable for claims that should otherwise be the responsibility of the contractor. We recommend conducting a risk assessment of your current contractor policies and making adjustments to protect your business better.