Legal Question in Workers Comp in California

It is not a question of what is best; if the person is an employeee they must be covered, if they are not an employee they are not covered even if you buy insurance to cover them. Some indications that the person is an employee is that they can be hired or fired, get paid, work duties specified and deliniated, normal governmental employee deductions taken, earns a salary or on commission basis and not just share of the profits, etc. If in doubt, speak to various workers Comp. insurance carriers and find out what they think and if you buy a [policy from them try to get a statement that based upon the person's job entailing x,y,z, they consider him an employee, so if later they claim he is not, you can attempt to get the premiums back you paid for that person.