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If you are a contractor who is injured on someone else’s property, the homeowner can be sued in some cases, depending on your agreement. Therefore, homeowners should be careful when hiring contractors to work on their homes. When a worker is injured, they and the owner of the home need to understand what may happen next.
Everyone knows accidents can occur when work is taking place on home projects. The big question, however, is who will pay for the damages and injuries resulting from the accident. Property owners sometimes use different arguments to claim that the victim was partially at fault as a way of escaping full liability.
If there is a problem with the work, however, the homeowner can deal with a bad contractor by suing for compensation for work the crew did not complete well. But this means that they should also be willing to offer safe working environments for any laborers who were working in their home.
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What to Do When Accidents Happen
Unfortunately, despite taking precautions, accidents do sometimes happen. The most important thing for a contractor to do in this situation is to get medical help and seek justice. If they decide to take the legal path, they should be prepared to do it right. When an accident occurs, you will need to take the following steps:
- Get medical help if the injuries are major. You should always prioritize your well-being before anything else.
- Involve the police. You need a legal backup and a statement or recording by the police helps with this. Make sure to give an accurate account of the accident.
- Have evidence. If you can capture the accident scene by taking a photo then this could serve as an excellent piece of evidence. Your doctor’s reports and eyewitness statements will also help.
- Work with your lawyer from the onset. If there is probable cause for an injury case, contact a lawyer you trust.
Suing for Personal Injury as a Contractor
When victims feel that there is a reason to sue the homeowner, it is important to prove the cause. This could be anything from negligence to withholding information that put the contractor’s safety at risk. The contractor can then sue for monetary compensation, which should cover physical and financial loss. This can only happen if you have a strong case where the contractor proves that the homeowner is liable.
This can only happen in the following situations:
When the Property Owner Invites the Contractor In
This is a case where the contractor has entered the property at the owner’s invitation. Usually, there is a mutual agreement between the parties. A contractor who enters clients’ homes for business is an invitee. This situation makes the homeowner liable for any accidents that may occur while the laborer is working. It is the responsibility of the homeowner to inspect the property and warn the worker if there are any safety hazards around the house.
When the Contractor Enters as a Licensee
This is a case where contractors may visit friends’ homes for non-commercial purposes. They are present at the home with the owner’s consent. There may be grounds to sue a friend if they failed to give prior warning of a hazardous condition or did not make any move to stop an accident from happening.
When the Contractor Is Trespassing
Trespassing could happen if a contractor enters a premises without the owner’s consent or their knowledge. Owners are not under any obligation to maintain safe conditions for trespassers. However, the homeowner may be liable if they deliberately create dangerous conditions to catch trespassers and end up harming someone.
Conclusion
When a contractor is injured while working on a client’s premises, it’s best to get an attorney involved. A good lawyer may be able to negotiate a settlement with the homeowner’s insurance carrier directly so you can avoid court.
