As costs to renovate continue to escalate, homeowners are increasingly opting towards DIY (Do-It-Yourself) solutions. This approach is sound when tackling minor projects, like putting up a shelf or installing a drop-in closet. However, homeowners need to be aware of liability risks, if they are considering hiring outside help for larger, more complex projects. The hiring homeowner may be legally responsible for any injuries (real or lawyer-inspired), if the hired help decides to file a workers’ compensation claim.
The Risks of Hiring Outside Help for DIY Projects
- Claims Can Be Made Against Your Homeowner’s Policy
- Judgements May Be More Favorable Towards Workers
- You Can Be Made Liable for Pre-Existing Injuries
- Workers May Know the Law Better than You Do
- Look to the “Uninsured Employer’s Benefit Trust Fund” as a Last Resort
Claims Can Be Made Against Your Homeowner’s Policy
Though frugality and caution may be common traits of many homeowners, sometimes you just need someone to provide some extra hands and brawn, briefly, to complete your project. Let’s consider the scenario of your hiring someone from the parking lot of that big box hardware store as a day laborer. If that worker happens to injure himself in any way, the homeowner, who hired him, will be liable for that injury. This will likely result in a claim against your homeowner’s policy, assuming you have one.
Judgements May Be More Favorable Towards Workers
Take this scenario: there was no injury, nothing happened. No falls, nothing dropped on your worker’s foot, nothing! You may think you will be able to dispute and win the case by going to trial. You might, but you’ll also have to keep in mind that certain states have judges that tend to skew in favor of injured workers rather than employers.
You Can Be Made Liable for Pre-Existing Injuries
Now let’s imagine that the claimant moved some lumber for you, retained an attorney, and then filed a claim against you for that one day of work. The worker may have several pre-existing injuries. In California, as long as 1% of the claimant’s current condition can be attributed to your job, you will be responsible for the claimant’s medical treatment. And you can expect that the claimant will be sent by his attorney to a doctor, who will confirm an injury related to that odd job for which you paid him.
Workers May Know the Law Better than You Do
Be aware of your risks. Though some of these laborers may lack a strong command of English, they can be incredibly savvy in terms of their rights pertaining to workers’ compensation. Your best bet is to hire a fully licensed, insured and bonded contractor with a legitimate business. This way, if someone does file a claim, credible or not, then the company would be liable, not the homeowner.
Look to the “Uninsured Employer’s Benefit Trust Fund” as a Last Resort
This approach is not 100% foolproof, as there is the possibility that the contractor may be illegally uninsured. But at least in this scenario, you would have the benefit of the Uninsured Employer’s Benefit Trust Fund to step in and administer benefits for any claims. The fund may try to push liability to the homeowner or someone else, but that is a matter that would be evaluated on a case-by-case basis.
- Why You Should Never Lend Your Ladder to Your Contractor
- How to Make a Major Home Renovation Project Safe for Your Family
- The Essential Elements of a Home Renovation Contract
- Cautionary Tales from the Non-Permitted
- Planning for Post-Demolition Surprises
- Best Online Legal Services for Homeowners & Property Owners