Who is liable if the constractor that I hired do not have workmen comp and liability insurance and one of his worker injured in my property?

Answer 1

You don't. You simply hire a reputable contractor who provides the insurance necessary for his or her line of work. Never hire a contractor who can not show you that he is properly insured for the job being offered.

It is the contractors responsibility ( not the customer ) to provide coverage necessary to cover his workers as well as any accidental damage to your property.

If your contractor give you any flak or hesitancy at all when asked about his insurance, you need to find another contractor.

Answer 2

Yes, if a contractor you hire does not carry Worker's Compensation insurance, you could be held liable for payments to and medical costs of an injured employee. That is why you should always be certain that anyone you hire does carry Worker's Comp.

Only a fly-by-night contractor would be likely to try to operate without Worker's Comp, and you probably don't want hire such a company in the first place.

Answer 3

Negligence is the failure to perform a known duty, if that failure cause harm.

If the employer has no duty to carry WC insurance, no negligence charge.

If the employer's failure to carry WC insurnace caused no identifiable harm, no negligence charge.

Answer 4

Did you hire a licensed contractor to do your work? In this jurisdiction, if you did not hire a licensed contractor, you are acting as your own contractor and you are responsible for workman's comp when your employee is hurt. It does not matter if the guy you hired brought along some of his buddies who also worked for you. If you hired a licensed contractor, the fact that he cut corners and did not have proper insurance does not absolve him of responsibility.

Answer 5

i was working under the table for my boss and i got hurt is my boss liable for paying my medical bills and how long do i have to file a claim