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Donna James asked:

Oct 22, 2016
If the owner of a roofing company lairs to his insurance company and Work Comp. Can you sue the homeowner for you injuries and medical cost?
Injured on a job and the company owner decided to let the person go instead of reporting the injuries to OSHA and the insurance company. It seem another accident happen and the sub-contractor also injured was let go too!

Ryan Gregory answered:

Oct 24, 2016

I would reccomend you seek advice from your local department of labor.

Generally, if there is not a work comp policy in place, you can indeed sue the homeowner. In fact your insurance company might choose to do so, with or without your cooperation! Likewise, if anyone up the chain of command has a work comp policy, that policy could be liable. If you work for a sub who doesn't have work comp, but the general contractor does, then their work comp is probably liable.

So... HOMEOWNERS! This is why it is so important for you to be sure that you hire a contractor who carries a work comp policy. And better yet, that contractor should ensure that it's subcontractors also carry a work comp policy. Otherwise, YOU can be sued by an employee, a subcontractor, the general contractor, or the health insurance company or other insurance company of anyone injured! Good luck on this.

One of my staff made this video to illustrate the situation: https://www.youtube.com/watch?v=H9-DXPigSXA

Oct 24, 2016

I agree with Ryan, contact local department of labor. They'll point you in the right direction.

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