Your excitement over that new kitchen remodel turns to worry when a contractor gets hurt in your home. Besides concern over his injuries, could you be held legally responsible for his medical expenses and loss of income during his recovery?
Who is at fault when a contractor gets hurt?
Responsibility depends on the conditions on the work site, who controls the work being done, and the insurance policies held by the contractor and you.
How are conditions at the work site?
You must provide a safe working environment for the laborers. Keep your home free of obstructing clutter, tripping hazards, wet floors, and unnecessary cables and hoses across pedestrian traffic ways. Keep family members—and anything else that could contribute to dangerous conditions—out of work areas. Inform the crew of possible hazards. For example, if a deck they are to work on has a failing structure, make them aware of it, lest it collapse and they get hurt.
If you fail in any of these responsibilities, you may be vulnerable under a legal concept known as premises liability if conditions under your control contributed to the accident.
Who is in charge of the work being done?
Some homeowners want to micromanage a construction project to ensure the job turns out as they envision. This may achieve the desired look, but it puts you at risk of liability if a worker is injured. Also, insisting on using materials or tools you provide creates the same risk. It’s better to let the workers do their job or hire an experienced general contractor to supervise the crew. In those cases, the liability is off your shoulders.
What role does insurance play when a contractor gets hurt?
Finally, you should only hire contractors who have liability insurance. Among other protections, this means that if one of the contractor’s crew members gets injured at your home, the contractor’s insurance pays for the worker’s medical bills—and possibly his lost income while recovering.
Otherwise, your homeowner’s liability insurance pays for this incident. Homeowners’ insurance will pay for the costs if there is negligence on your part, but it will not pay if you are found to have intentionally created a dangerous work environment.
Related – What Does it Mean to Hire a Licensed, Bonded, and Insured Contractor?
