If you hire a contractor to help with a renovation project in your home and they are injured on the job, who is liable for the injuries? What can you do to avoid liability? At Willoughby Shulman Injury Lawyers, we help our clients with personal injury claims, slip and fall injuries, and even workers’ compensation claims so we understand both sides of personal injuries. We can help you better understand who would be liable if a contractor is injured at your home during a renovation that you’ve hired them for.

You Have an Obligation to Provide a Safe Work Environment

As a homeowner, you have an obligation to provide a safe work environment for any contractor in your home. This means that you are required to, within reason, ensure that contractors are made aware of any hazards they may encounter. If a contractor is injured due to slipping, tripping, falling over hazards in your home, or being bitten by one of your dogs that you failed to restrain—you may be liable for an injury on your property.

But what if you provide a safe work environment and a contractor is still injured on the job?

Can You Be Liable if a Contractor is Injured at Your House?

When it comes to determining liability for an injury that occurred in your home, there are 2 situations that will change how much liability you assume as a homeowner. In the first situation, the homeowner chooses to be involved with the renovation by overseeing the project. In the second situation, the homeowner takes a backseat and lets the contractor have control over the project.

Situation 1: Homeowner Assumes Control Over the Work

When you hire contractors for a renovation, you have a financial and emotional investment in the work. This is understandable as it is your home, and you want the work completed just as you imagined it. You are paying good money for the work after all. This could be a mistake though.

If you, as the homeowner, assume control of the renovation; supervise the contractor and instruct contractors on when and how to do the work—then you are assuming more responsibility over potential injuries.

When a homeowner assumes control over the work, they are blurring the lines between being a customer and being an employer. An employer, who oversees when and how employees work, is responsible for their employee’s health and safety and this includes providing workers compensation for any injuries that occur on the job. However unintended, taking control of the work may cause you to accidentally cross the line from customer to employer.

Situation 2: Homeowner Does NOT Assume Control Over the Work

On the other hand, a homeowner who steps back and lets contractors do their work within minimal intervention may remove themselves from liability. Remember that a homeowner has an obligation to provide a safe work environment and warn contractors of potential hazards, but once that obligation has been met the best thing to do is keep involvement to a minimum.
If a contractor (or a subcontractor) is injured and the homeowner was not involved in supervising the project, it strengthens the argument that the contractor’s insurance would cover any workers’ compensation claim made.

Will Homeowners Insurance Protect You from a Personal Injury Claim

Now that we have a better understanding of how situations may change who is liable for a personal injury claim if a contractor is injured in your home, you may be wondering if your insurance will cover any of the contractor’s injuries. While each insurance policy will be different than the next, it is likely that the liability coverage of your homeowner’s insurance policy will apply to any injury that occurs on your property, so long as the incident was an accident.