I may end up working for rent on a hotel property and blow snow over the winter. I would not receive any money for my work, just rent credit.
If I get hurt, who is responsible and what recourse do I have should I get hurt? What are my rights?
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Liability if Injured While Working for Rent?":
If you are exchanging work for rent, the amount of the normal rent for your room is considered income to you. So says the Internal Revenue Service.
You should have filled out a W-2 IRS form when you made the agreement with the hotel. The owners of the property should also send you a 1099 at the end of the year.
If your agreement with the hotel does not include the above forms you are exposing yourself to possible tax problems.
If you are not being paid, and aren’t “on the books”, then you are probably not going to be covered under the hotel’s medical insurance either.
If you become injured on the job and the hotel decides not to pay for your medical bills, there is little you will be able to do. If you sue them you take a chance on exposing your legally precarious arrangement with the hotel.
Speak with the hotel management or the owner. Ask them to put you on their insurance. They may not agree because probably to be covered you must be a family member or an employee. Apparently you are neither.
It may be in your best interests to seek your own medical insurance in case you are injured and need medical care.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.