Contractor's Worker Injured at Rental

[seekerfinder]

My question involves an injury that occurred in the state of: Arizona

I own a property in the above state, but live in CA. I hired an independent contractor to perform some drywall repair which he did. He had a worker with him, who quoted me a price to remove some cabinets and a bathtub (that same day, I was getting multiple estimates for all these items). While removing the bathtub, he injured himself. He has contacted me letting me know that he tore a tendon and can't move his finger, and that he has a $1500 medical bill and that he's concerned its going to ruin his excellent credit. I mentioned that he should contact the guy with whom he worked for, and he informed me that he called him and was told that that work was on his own and to contact me. I thought he worked for him. The work was done last NOV 2012. I just received his call this afternoon on MAR 8.

I have no idea where to proceed. I did not admitted anything, barely told him that I needed advice and would call him back next week and wished him a speedy recovery.

Am I liable? What can I do now?

[FullAuto]

Who did you pay?

[seekerfinder]

That day I paid both. After completion of the drywall repair, I handled cash to #1. Later that afternoon, I handled money to injured worker. I received verbal quote and approved the demo work while injured worker was still doing drywall repair work. Contractor was not around when injury happened. Injured worker called wife who came by to pick him up. When he was ready to go, it was then that I handed pay for the second part. He mentioned to call him if I needed more work done and left. Didn't hear back until today.

[Who'sThatGuy]

Are you saying that you hired the contractors worker (on the side) without the contractors knowledge to remove the bathtub?

[seekerfinder]

No. Contractor told me (paraphrased): This guy is here and he can work some of the other stuff you are getting quotes on .

I didnt hired him behind contractor's back. Contractor suggested worker could do demo work as well. As far as I am concerned, I thought they were a "team". Worker gave me a price for the work (demo stuff), and I agreed.

This happened during the time he was still working doing the drywall repair. After drywall work was done, worker immediately began working on demo task.

Thanks.

[SChinFChin]

My question involves an injury that occurred in the state of: Arizona

I own a property in the above state, but live in CA. I hired an independent contractor to perform some drywall repair which he did. He had a worker with him, who quoted me a price to remove some cabinets and a bathtub (that same day, I was getting multiple estimates for all these items). While removing the bathtub, he injured himself. He has contacted me letting me know that he tore a tendon and can't move his finger, and that he has a $1500 medical bill and that he's concerned its going to ruin his excellent credit. I mentioned that he should contact the guy with whom he worked for, and he informed me that he called him and was told that that work was on his own and to contact me. I thought he worked for him. The work was done last NOV 2012. I just received his call this afternoon on MAR 8.

I have no idea where to proceed. I did not admitted anything, barely told him that I needed advice and would call him back next week and wished him a speedy recovery.

Am I liable? What can I do now?

Are you liable?? I don't think so.

What you have here is a "workman's comp" claim, where the person claims to be working for you, and got injured. See this link on AZ workman's comp laws:

http://www.ica.state.az.us/Claims/Fo...mpensation.pdf

Read through to page three (3) about independent contractors, where it says you are NOT REQUIRED to carry workman's comp for independent contractors. As indicated, the normal test of an independent contractors is that he sets his own hours, provide his own tools, and if this is the case, then he is an independent contractor.

According to this article, if you don't have workman's comp insurance, the injured worker claiming to be an employee can file a claim with the "Industrial Commission of Arizona", they would handle the claim, pay the medical bills, and then come after you if it is determined you should have carried WC, and assess penalties if you violated the law. However, this job of yours does not appear to be steady employment, but simply contracting of an independent contractor to do a particular job.

But it does not even appear the penalties are even that stiff if YOU are in the wrong.

You didn't say if this out of state property is a rental, and thus a business. If so, then you certainly should carry liability insurance, and if so, have him file a claim with your insurance and have your insurance company tell him he's an "independent contractor", and he can't come after you, and save you the money of hiring a lawyer to tell him not to bother you.

In some states, like in NY where I live, if it is your primary residence, then the homeowners policy covers workman's comp, and the person can file the claim with the insurance, but still the insurance company would make the determination if it is in fact a "valid WC" claim.

I'm not even going into the issue if this guy is a "licensed and insured" contractor paying his taxes, because if he starts telling a state agency that he is injured, that might raise all kinds of issues where he is NOT licensed, NOT insured, NOT paying taxes, NOT really injured, and maybe NOT LEGALLY in this country, and I might point out to him to think carefully before filing claims with the "Industrial Commission of Arizona". Isn't AZ where governor Brewer and Sheriff Apaia are chasing after illegals and scammers?? Good for them. Of course, unless you might think doing this to a "real injured" person is really MEAN!!

[SChinFChin]

You have to make that talk clear before that. But now you can file a case against that contractor. Click on the link below to get more info

what is a probate

What does probate have to do with a "workman's comp" case??

As to filing a claim against the original contractor, that would be so if this job was assumed by the original contractor, and then performed by the second individual who is suing, and OP can then say "go sue the other guy, your employer".

From the narrative, the discussion of the job is with the second guy with the first guy mostly out of the picture apparently.

Assuming for arguments sake even if that is not so, the first guy is involved, the simpler approach here is that the OP owes NEITHER one of them any responsibilty or duties because BOTH are independent contractors, so it's a simple matter of saying "NO, neither of you are employees of mine". It avoids all the issues bought up by the other posters, such as "who were you dealing with". Actually, it doesn't matter.

Finally, I see that it is a rental from the title of the post, which I missed, so OP would then simply pass the claim to his liability insurance carrier, and tell them there is a claim, and the insurance company would take care of it, i.e., let the insuurance company figure out the legal issues. That is, unless there's a commercial liability policy exclusion that excludes workman' comp claims specifically, as I have in some of my commercial liability policies.