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  1. #1
    Join Date
    May 2013
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    Default Injury to a Contractor's Employee

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

    I have a contractor to install window in my house. One of their employee cut a finger off when he used a saw. I am the additional insured of contractor's liability insurance. Can Contractor's insurance cover the accident.

  2. #2
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    Default Re: Injury to a Contractor's Employee

    I would hope so.

  3. #3
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    Mar 2013
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    Default Re: Injury to a Contractor's Employee

    His liability insurance would have nothing to do with it.

    It's a workers compensation claim that doesn't have anything to do with you.

  4. #4
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    Default Re: Injury to a Contractor's Employee

    If in fact the worker was an employee and the contractor was properly insured, then it should be a worker's comp claim. If the worker believes he could bring some sort of negligence claim, though, that would fall outside of worker's comp. The contractor's liability insurance for which the homeowner is an additional insured should cover a work site negligence claim, assuming such a claim were made.

  5. #5
    Join Date
    Oct 2006
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    16,080

    Default Re: Injury to a Contractor's Employee

    Quote Quoting josephhorward
    View Post
    I think contractor have to make some arrangement of an insurance facility for employees becuase the life of employees in construction field as well as truck driver is very risky.
    Unfortunately, its quite possible that the contractor was treating the "employee" as an independent contractor and if so, there would be no worker's compensation insurance. In addition, the contractor himself might not have had any liability or insufficient liability insurance as well. In any case however, this should not be your problem.

  6. #6
    Join Date
    Jul 2013
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    7

    Default Re: Injury to a Contractor's Employee

    I do not think the Contractor's insurance will cover this accident.

  7. #7

    Default Re: Injury to a Contractor's Employee

    As per the Privette - Toland doctrine if an employee of an independent contractor is injured at the workplace, the party which hired the independent contractor is not responsible for this and hence cannot be sued. In your case, the independent contractor is responsible for the employee who got injured. If the independent contractor is covered by workers compensation, the injured employee will be entitled for the compensation.

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