What happens if an uninsured 1099 climber is injured on my tower project?

An uninsured 1099 climber injured on your tower project creates a cascade of serious problems. Immediate issues: (1) The injured person has no WC benefits and will seek compensation through other means. (2) They may file a workers compensation claim against you, alleging employee status. Most states presume a worker is an employee unless the hiring entity proves independent contractor status through specific tests (IRS 20-factor, ABC test, etc.). (3) If employee status is established, your WC carrier may cover the claim but will charge you the premium for that person's entire compensation during the policy period at audit, plus potential penalties. (4) If the person maintains IC status and cannot file WC, they can file a personal injury lawsuit against you (no exclusive remedy protection without WC), the tower owner, the turf vendor, and any other party. (5) The tower owner and turf vendor will tender to you under the MSA indemnification clause, potentially for the full amount of the claim. (6) Your GL may exclude claims by workers performing services for you, creating a coverage gap. (7) Your MSA is likely violated, which may trigger termination and liquidated damages. Prevention is the only practical approach: never allow uninsured climbers on your projects.