More details to this question:
as a home owner am I responsible for a 3rd party not having work mans comp ? One of my painter's workers fell , broke his wrist and the painter does not have workman's comp ? and I did not have insurance on the house either since the house has been vacant
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
Regardless of whether a property is vacant or occupied, a property owner needs liability insurance- and your story is a perfect illustration of why. Assuming the worker was injured on your property, unless you made a contract with his boss in the name of a corporation, you will be held personally liable for the worker's injury, unless you had a written agreement with your painter to obtain workers compensation insurance, or to defend and indemnify you in the event one of his workers was injured on your job. If the worker or his boss were negligent, that may reduce the percentage of your liability, but it won't be reduced to zero. Get yourself property insurance, immediately. Winter is coming, and if someone is injured falling on an icy sidewalk on your property (and yes, you're responsible for snow and ice removal even though the property is vacant) - or even if someone breaks into your house and gets injured- you may be held responsible for injuries resulting from those scenarios, as well.
Answered on Dec 15th, 2017 at 2:03 PM