When an employee is injured, you may wonder who will cover their medical costs and their wages. Responsibility is dependent on the worker’s status, type of insurance available to the worker, how the accident occurred, and your state’s law.
You could be asking yourself, what if a contractor gets hurt on my property? Employers’ liability insurance is a form of insurance that may cover workers if they were injured at work. A claim is impacted by the contract, insurance coverage, and actions of both parties.
Who Usually Covers an Injured Worker?
If someone suffers an injury while working as a contractor, the initial benefits should be drawn from workers’ compensation. It may include coverage of medical expenses for eligible treatment and some lost wages, depending on the terms of state law and policy. Coverage and exclusions differ from state to state.
A wide range of other subcontractors, electricians, plumbers, and roofers are frequently hired for remodels. They can each have their own employees and insurance policies, so that one policy may not cover all employees on site. So, ensure a general contractor confirms subcontractors are insured.
When Could the Homeowner Be Liable?
While insurance minimizes the risk, it can’t prevent all claims. If a homeowner “directly hires” your worker without proper insurance, the homeowner could be liable for damages.
A worker may trip over an unsafe, broken step or be injured by equipment provided without protection. This alone is not enough to determine who is legally responsible. Each party, the applicable law, and the circumstances of the accident are all taken into account by insurers and courts.
What to Check before Work Begins
Ask, don’t assume, what the coverage would be prior to demolition, not after an accident. Ask for proof of active coverage for the dates of the project, and contact the insurance company or agent if anything is unclear. Keep policy documents with the signed contract and money-receipt documents, including:
- Workers’ compensation
- General liability
- Your homeowners’ policy
What to Do If an Accident Happens
Contact emergency services if needed, inform contractors, and document the event(s). Capture and retain pictures, notes, and contracts, if safe. If you should have a claim that involves you and/or your home, notify your homeowners’ insurance company as soon as possible.
If the injury is serious and/or a letter of demand has been sent, look for an attorney with experience in construction and/or premises liability. Be sure not to miss deadlines or official notices. Advice given at an early stage can help you respond without matters of hypothesis and fault.
