legal discussion

[frodo]

we had a discussion on workmens comp. and if home owner is liable if a worker is hurt on their property

the qusetion was...if a worker, how is not covered by workers comp.
is hurt on your property. are you in danger of being sued or liable for damages'


I heard an answer to this question, yesterday

the worker is aware, has been notified, that the item they are working is broke

that he is in danger by working on it. since he is aware of the danger. you are not, responsible for him hurting himself.

BUT, if he injuries himself, by.....falling in a sink hole [example]
then you would be liable for that injury.

so, if his injuries are work related, no

if not work related but an accident, yes you would be liable, just like you would if the next door neighbor kid hurt himself

 

[havasu]

... but, in California, if he fails to have Worker's Comp. tied to his business and he injures himself while doing the work requested, then YES, the homeowner would assume any and all responsibilities.

 

[frodo]

you sure ? according to a lawyer. he is AWARE the task is dangerous.

by agreeing to do the work he is accepting the responsibility ...by being aware, and accepting the responsibility

he is accepting the dangers as well. if hurt, it is not an accident, because he was AWARE

 

[havasu]

If the worker is licensed and bonded, it is assumed that he has worker's comp. Problem is when you hire a non-licensed worker, then unless you have them sign a waiver, you will pick up the responsibility.

 

[Chris]

Technically when you hire a contractor you are supposed to request an insurance cert naming your address as additional insured. On the blanket form it will show all coverages that the contractor has.

Now we all know this is rarely ever done in residential work but the rules still apply. It's the same as if I hire a subcontractor with no insurance and he gets hurt or screws up the job it will then be covered by my insurance and if I don't carry any than it goes up the chain all the way to the property owner.

It is this way at least in California.