Sometimes. A homeowner is not automatically liable just because you got hurt on their property. Whether you have a claim usually depends on whether the homeowner created the dangerous condition, knew about it, or contributed to the accident in some other way. Reach out to a work injury attorney in Los Angeles for assistance on finding your options after an injury.
For example, a painter falls because he leaned his own ladder against a wall at a bad angle. That injury came from the work itself, and the homeowner likely bears no responsibility. Now if the same painter steps through a rotted section of deck the homeowner had been meaning to repair for months and never mentioned, that would be a different situation. Examples of hazards that can support a claim against a homeowner include:
- Broken stairs or railings
- Hidden holes or unsafe walking surfaces
- Dangerous electrical conditions
- Loose dogs
- Debris or other hazards unrelated to the work itself
The fact that a worker was injured by a condition on the property does not automatically make the homeowner liable. The key issue is whether the hazard was one the contractor was expected to address as part of the work or whether an exception to California’s rules for independent contractors applies.
Does Workers’ Compensation Cover an Injury at a Customer’s Home?
If you were working for an employer at the time, workers’ compensation may cover you; your employer’s insurance follows you to the job site. Benefits can include medical treatment, temporary disability payments while you heal, and permanent disability benefits if the injury leaves lasting limitations. Workers’ compensation generally does not require proof that anyone was negligent. That is its main advantage. Its main tradeoff is that it usually bars you from suing your own employer for ordinary workplace negligence, and it pays nothing for pain and suffering.
Independent contractors who are not covered by workers’ compensation may need to look more closely at whether the homeowner or another third party can be held responsible.
Can You File a Personal Injury Claim in Addition to Workers’ Compensation?
Yes, when someone other than your employer is legally responsible for what happened, and accepting workers’ comp benefits does not waive that right.
Potential third parties in a residential job-site injury include:
- The homeowner
- Another contractor or subcontractor on the same project
- A property manager
- The manufacturer of defective equipment
- Anyone else who created the dangerous condition
A third-party claim can help you obtain damages that workers’ compensation leaves out, including pain and suffering and the portion of lost wages that disability payments do not replace.
When Can a Homeowner Be Held Responsible?
A homeowner may be liable when their own negligence contributed to the injury. The questions that tend to decide these cases include:
- Was it a concealed, preexisting hazard the homeowner knew or should have known about?
- Could you or your contractor reasonably have discovered it?
- Did the homeowner warn the contractor about it?
A homeowner who warned the crew about a soft spot in the floor is in a much better legal position than one who said nothing and hoped no one would step there.
What Is the Privette Doctrine?
The Privette doctrine is a California rule that generally limits lawsuits by employees of independent contractors against the person who hired the contractor. The reasoning behind it is that a contractor is presumed responsible for protecting its own workers from the hazards of the job, and the hiring party is presumed to have handed that responsibility off along with the work.
For homeowners, the rule provides substantial protection. Someone who hires a licensed plumber, roofer, or electrician is not automatically on the hook when one of that contractor’s employees gets hurt.
The doctrine has limits, though. A homeowner may still be liable for a concealed hazard the contractor could not reasonably discover, or when the homeowner retains control over part of the work and actually exercises that control in a way that contributes to the injury.
If you were hurt while working at someone’s home, a consultation with our firm costs nothing. Contact us today to schedule your initial meeting.