QUESTION
If a laborer fell off my roof while working, can he sue my insurance company and what's the procedure?
Asked on Apr 19th, 2014 on Personal Injury - North Carolina
More details to this question:
He is an independent contractor. What's the disadvantages to the homeowner? Should his claim be filed now or when he returns home from the hospital? Who pays lengthy doctor bills? Do I have to pay a deductible?
10 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If the worker truly was an independent contractor, and not controlled by you in the scheduling of the work, the means and methods of the work, etc. then his claim is for workers compensation benefits from his/his employer's insurer. There is only a claim against you if you were actually the employer and then it would be for workers comp and it's doubtful you carried such a policy. If the insurance you had was homeowners (vs. work comp), then they would only pay a claim if you were negligent in causing the event/injuries. There may be a small "med pay" provision in your HO policy that would pay any uninsured medical bills up to its limit of med pay liability. If he sues, he would sue you, not your insurer. Your insurer would defend you, unless the claim is for acts/occurrences not covered by the policy.
Answered on Apr 22nd, 2014 at 2:21 PM
Edwin K. Niles
It sounds as if you have a homeowner's policy which includes liability and/or casual workers comp coverage. Read the policy or talk to the company.
Answered on Apr 22nd, 2014 at 10:35 AM
James Eugene Hasser
If he is truly an independent contractor, you would have no liability unless you actually were somehow negligent. However, if you have homeowner's insurance and it has a medical payments provision in it, it may pay for his medical bills only. Check with your agent. Good luck.
Answered on Apr 21st, 2014 at 3:50 PM
For the laborer to win against you, he would need to prove that you were negligent or careless. The most important thing for you to do now is turning the matter over to your homeowners insurance company so it can establish a claim file. If you do not do so, you will lose your insurance coverage. Let your insurance company handle the matter even if the laborer has not filed a lawsuit or made a demand upon you.
Answered on Apr 21st, 2014 at 3:49 PM
Thomas Edward Gates
He must first file a claim with your home owner's insurance and, yes, if they pay anything, you will have to pay the deductible. A defense for you is that the contractor was negligent in doing his work and, because of this, he had the accident at no fault of you.
Answered on Apr 21st, 2014 at 3:45 PM
Ronald A. Steinberg
He is not your employee. He is independent and so he is responsible for himself.
Answered on Apr 21st, 2014 at 3:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Send the claim to your insurance company and let it worry about it.
Answered on Apr 21st, 2014 at 3:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are certainly liability issues, but a reasoned opinion cannot be formed based upon the information you have provided. I would strongly suggest that you speak with an attorney part of the time you make any commitments or statements.
Answered on Apr 21st, 2014 at 3:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You start your question with the word "if", indicating that this is a hypothetical, but then you ask "should his claim be filed now" which indicates that this actually happened. In any event, assuming that this is a one or two family home and that you did not control the work, he can only make a claim against you if you were "negligent", so he would have to prove that you failed to act as a reasonably prudent person under the circumstances, and that by doing so, you caused him to fall. Then, he could make a claim against you, and you in turn should be covered for your liability by your homeowner's insurance. So: contact your insurance company. Discuss all of this with your agent and the claims rep. You must co-operate fully with your insurance people and if that means not being helpful to this injured worker, then so be it, despite your laudable compassion for the injured worker.
Answered on Apr 21st, 2014 at 3:34 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are not responsible unless there is something negligent you did to cause the injuries.
Answered on Apr 21st, 2014 at 3:32 PM