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Assuming that you are a homeowner who hired someone to come into your home to fix something, you are most likely liable because you have invited him onto your premises and you owe him a duty of care to see to it that he works in a safe environment. He is what is called an "invitee" and homeowners owe invitees a higher duty of care than is owed to a stranger. If by your negligence you create some hazard and he is hurt because of it, you are liable regardless whether he is your employee or not. If he is hurt purely through his own fault, you are not liable.

Even if the worker is your employee, if the work done at your home is outside the scope of his employment, workers compensation insurance is not involved. The homeowners' insurance will cover the injury.

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Q: Are you responsible for a worker falling through your attic?
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