An independent contractor got hurt in my home taking care of my elderly father in Massachsuetts. Am I liable?
Elder Law Attorney
Who is paying the contractor? Where did the accident occur? You need to review the homeowner's insurance policy that covers the house in which the accident happened to determine whether there is any coverage for persons providing services who get injured -- and don't be surprised if the coverage isn't there.
I also should note that Massachusetts has the toughest definition of "employee" in the country. Your "independent contractor" may be an employee under state law, in which case the employer is required to provide worker's compensation coverage. There are also critical tax withholding requirements that must be met.
I strongly suggest that you get in front of this mess and consult with an employment law attorney ASAP.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.