If a construction group is not bonded and or insured and one of their crew gets hurt, who pays?

UPDATED: Oct 1, 2022

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If a construction group is not bonded and or insured and one of their crew gets hurt, who pays?

Is the homeowner ever liable because the contractor didn’t get proof of insurance?

Asked on February 20, 2019 under Personal Injury, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The homeowner would only be liable if at fault in some way--for example, the homeowner had some unsafe condition on the property (e.g. a staircase with a rotten step or railing that broke when the worker put weight on it which they failed to fix and which caused the accident) or the homeowner him/herself caused the injury (like by bumping into a ladder, knocking a worker off it). The homeowner is not liable simply because he/she hired the contractor or it is his/her property.
The contractor employing the worker would similarly be liable if at fault (e.g. gave out unsafe equipment or tools, didn't provide basic safety equipment or training, had the workers do something inherently unsafe). If there is no one but the worker or just pure chance at fault (e.g. the worker didn't look were he was going and fell, or refused to clip on a safety line he'd been given; a tree limb happened to fall on a worker when he was walking past), then no one else is liable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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