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?