This is not an easy yes or no answer. It can be very complicated. Here are some factors to consider: What did you hire the contractor to do? Say you hire a contractor to fix the holes in your roof; the contractor knows the roof is unsteady, has holes, and is dangerous. Are you liable if he or one of his workers falls through the roof? Probably not. You hired them to fix that problem, and they were responsible for ensuring the roof was reinforced properly, and all workers had safety gear. However, what if you hired a brick mason to repair the chimney, and he falls through the roof? Then, You may be liable. The reason? It is a homeowner's responsibility to provide a safe environment for the contractor, and by not having the roof already repaired or reinforced, you could be held responsible for the injury.
Another factor is how much control you decide to have in the building process. Most homeowners leave the entire process to a General Contractor. However, if you decide that you would like to be your own General Contractor, you could be putting yourself at risk of being liable for injury. The less control you have over your project, the less liability you take on as well.
Even the small act of telling a contractor HOW to do a part of his job or WHERE to put equipment can actually throw liability onto your shoulders. This is a great reason to stop watching YouTube how-to videos and just let your contractor do his job.
What about workers' compensation?
Homeowners are not responsible for providing Workers' Compensation. Workers' Compensation is taken on by each contractor and subcontractor individually.
A subcontractor or their employees cannot file against a homeowner unless they are hired as a domestic employee, which in most cases they are not. If hiring subcontractors as 1099 employees, you must ensure they carry insurance and comp on themselves.
What about homeowners insurance? This can also become complicated. Most homeowners insurance policies do not provide for injury to a contractor hired to do work on your home. You should review your policy before beginning any work on your home. Some companies will provide extra coverage while you are building or remodeling, and some will not. Reviewing the policy you have and any options they can provide may bring you peace of mind.
Be sure to comment if you have anything to add or have any questions. I am not a lawyer, and this blog was meant only as a guide, and not in any way is it to be used or construed as legal advice. Please consult a licensed attorney if you have a problem that needs to be addressed on this or any other subject.
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