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  1. #1
    Join Date
    Aug 2009
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    112

    Default Worker Claims He Got Hurt Working on My House

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

    I have a friend that I've known for about 2 years that has been doing work on my house, today he finished laying the tile and doing some other work, he has been working for me off and on for about 4 months now, and today was his last day working because I am putting the house on the market Thursday. He calls me up and tells me he hurt his shoulder really bad working on my house and that he needs to go home so I went and picked him up and drove him home. He told me that for the work he did I owed him $400 for today, yet I have been paying him for the tile job for about 3 months now and have already about $1,000 invested ( including labor and material ) and he wanted $400 more, I said no I am giving you $160 and that's all. We had no written contracts and he's dragged it out beyond a reasonable time. I wanted to have this on the market and sold 2 months ago. ( as my insurance expired about that time and I wanted to have it sold before I had to pay for another year of insurance ) So now I have no insurance at all on the property. He told me after I told him I would not give him the $400 that he'd have to tell his insurance he got hurt working on his house and not my own as they would go after me.

    First, I think he did not get hurt on my property at all, he's either faking it or he got hurt at his house ( he has a pre-existing condition with his shoulder, he's had surgery in the past, he also made the comment he is not going to tell the doctors he had surgery before, but since he hurt his shoulder and has a history of shoulder pain, wouldn't this prove that I was not at negligence fault? ) and he also said one other statement in the car that when we were at Lowes he heard his shoulder pop when he picked up a bag of mortar.

    One last detail I think I should add is, he abuses drugs heavily, I think he may be on heroin and I know he is on Suboxone and possibly other drugs. I read that if the person is physically impaired than the owner of the house can not be charged or be held liable for anything.

    What should I do in this situation IF he were to tell Coventry care that he hurt his shoulder working on my house?

    I also just read this which would make the insurance meaningless anyway: No coverage under homeowner's policy. Some homeowners believe it is safe to use an uninsured contractor, assuming that any damages incurred would be covered under their own insurance policies. However, this isn't the case. Most homeowner policies require that any work to the property be done by licensed contractors; coverage is often specifically excluded for damages caused by "bootleg" contractors.

    So who is at fault here? any help please?

  2. #2
    Join Date
    Jan 2006
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    38,530

    Default Re: Worker Claims He Got Hurt Working on My House

    So the claim is your employee got hurt on the job. Do you have worker's comp insurance?

  3. #3
    Join Date
    Mar 2013
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    16,862

    Default Re: Worker Claims He Got Hurt Working on My House

    I don't see that you have any legal liability for his injury.

    Report this to your homeowner's insurance company and let the experts handle it.

  4. #4
    Join Date
    Aug 2009
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    112

    Default Re: Worker Claims He Got Hurt Working on My House

    As mentioned in the full article, I have no homeowner's insurance as it expired two months ago, they would not cover it anyway according to things I have read since he is not licensed. And he is not my employee and no I don't have workman's comp on a friend that I hired to lay tile in my house. Also since this is a pre-existing condition and it was not my fault he hurt it picking up bags of mortar or lifting plywood to put on the ceiling, it isn't a personal negligence claim as far as I know, but I'd rather get a lawyers opinion on that.

  5. #5
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    Jan 2006
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    Default Re: Worker Claims He Got Hurt Working on My House

    Quote Quoting adjusterjack
    View Post
    I don't see that you have any legal liability for his injury.

    Report this to your homeowner's insurance company and let the experts handle it.
    So you don't believe an employer is liable for injuries to their employees while on the job?

    It appears kentucky requires an employer to have workers comp insurance even if they employ one person.


    If you believe I'm barking up the wrong tree I suspect a determination of whether the person was a contractor or employee should be undertaken.

    - - - Updated - - -

    And he doesn't have any homeowners insurance anyway

    a little reading here:

    http://www.labor.ky.gov/workersclaims/Presentations/An%20Overview%20of%20Kentucky%20Workers%20Compensa tion%20Law.pdf

    Might be enlightening, or frightening, depending where you stand in this situation.

    heck with it I can't make it work. Second listing here:

    https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=kentucky%20workers%20compensation

    Oh for Pete's sake nothing is working.

    An Overview of Kentucky's Workers' Compensation Law

    www.labor.ky.gov/workersclaims/.../An%20Ove...

    Kentucky Labor Cabinet



    An Overview of Kentucky's. Workers' Compensation Law. Dwight T. Lovan ...

    do a google search using


    Kentucky workers compensation. That was the second hit in the list.


    Who is an employee


    a. Anyone working under contract for hire,
    expressed or implied
    b. Executive officers of corporations
    c. State, county or city employees
    d. Volunteer firefighters
    e. Those who sell and deliver newspapers
    f. Any person performing services in a
    trade profession or business


    342.630 Coverage of employers


    The following shall constitute employers mandatorily subject to, and required to
    comply with, the provisions of this chapter:


    (1) Any person, other than one engaged solely in agriculture, that has in this state
    one (1) or more employees subject to this chapter.


    (2) The state, any agency thereof, and each county, city of any class, school
    district, sewer district, drainage district, tax district, public or quasipublic
    corporation, or any other political subdivision or political entity of the state that
    has one (1) or more employees subject to this chapter.
    Created 1972 Ky. Acts ch. 78, sec. 3


  6. #6
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    Aug 2009
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    112

    Default Re: Worker Claims He Got Hurt Working on My House

    The person would be a contractor since he would be doing odd jobs around the house not at an hourly wage, it was an agreed upon amount per job and it was not permanent employment. It was twice to three times a month on average. So he would definitely not be classified as an employee. He already has a full time job at another establishment.

    I can't open the file there, my computer doesn't support it for whatever reason :S

    Also nothing was ever signed and technically there is no proof other than him vs me that he even was on my property and working at my house.

  7. #7
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    Default Re: Worker Claims He Got Hurt Working on My House

    Quote Quoting AJJ
    View Post
    The person would be a contractor since he would be doing odd jobs around the house not at an hourly wage, it was an agreed upon amount per job and it was not permanent employment. It was twice to three times a month on average. So he would definitely not be classified as an employee. He already has a full time job at another establishment.

    I can't open the file there, my computer doesn't support it for whatever reason :S
    ya, having problems posting a functional link so I copied and pasted a couple excerpts.

    and I think this, from the list of the definitions of an employee, covers your situation:

    a. Anyone working under contract for hire,
    expressed or implied
    and whether he had another job or not does not preclude him from being your employee. The other issues you listed; same thing.

  8. #8
    Join Date
    Aug 2009
    Posts
    112

    Default Re: Worker Claims He Got Hurt Working on My House

    So basically if he does try to sue me for his shoulder injury, I am possibly liable for his medical bills is what you're saying, regardless of never signing any contract or any proof that he was on my property? Plus the fact he already had a preexisting injury on that shoulder, and what about the drug use? I read on one site that if the person is intoxicated and it is not the property owners own negligence that the property owner is not reliable for this.

  9. #9
    Join Date
    Jan 2006
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    Default Re: Worker Claims He Got Hurt Working on My House

    can you prove he was intoxicated when he was injured? That is one reason employers demand a employee that sustains an injury submit to a drug screen immediately. Without proof of drug use all you have are your allegations and suspicions.

  10. #10
    Join Date
    Aug 2009
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    112

    Default Re: Worker Claims He Got Hurt Working on My House

    It just happened today, would it be too late for me to go to wal mart and pick one up just to protect myself, I know he'll test positive. lol.. if it'll save my butt I'll do it

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