Can an "exempt" person from workers comp still sue if hurt doing repairs on your home?

Asked over 2 years ago - Jacksonville, FL

Looking to do some home repairs, and some are lsited exempt, but how does that effect me if they were to get injured doing work?

Attorney answers (4)

  1. Robert C. Alston

    Contributor Level 14

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    Answered . Your question is not totally clear. I think you are asking that if you as a homeowner hires someone who has exempted themselves from workers' compensation are you still liable? If they have adhered to all the requirements and filed with the State to be exempt, unless your negligence caused the injury, technically you are fine. However, I have seen that once someone is hurt and can't pay bills, they will do anything to try to collect some money. It is important that just because you are legally right, it does not prevent someone from trying to litigate the issue. Bottom line is that you can be right and it will still cost you some money just to defend. I don't know what type of repair you are doing, but only you can decide how to proceed. But you are best protected to only have persons who are licensed, insured (liability coverage in case they hurt you or damage your house) and have workers' compensation insurance work on your house..

    Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area... more
  2. Barry A. Stein

    Pro

    Contributor Level 18

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    Answered . A person to be exempt under the w/c statute must actually have a corporation and then must file for a specific exemption for an officer of that company. The exemption does not technically follow the person around and away from his position as an officer of that corporation. The balance of your question is really unclear and not susceptible for an answer. Persons hired, individually, to do home repairs would not have to have w/c coverage, and the homeowner would not have to provide it, however, if the individual is injured due to some negligence of the homeowner there may be a claim in circuit court for that. More detail is needed to fully respond to your inquiry. Hope this helps.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more
  3. Alexander P. Almazan

    Contributor Level 3

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    Answered . You may still be liable even if it is not for workers compensation benefits. Liability can still permit the injured worked to sue you in a civil action to recover damages but some level of negligence on your part as the homeowner is likely necessary. As a hard and fast rule you should only have license and insured contractors working on your home so you do not have this issue and ask to see their Certificate of Insurance making sure that the dates of coverage on the Certificate are valid for the dates the contractor will be working on your home.

  4. Gary Christmas

    Contributor Level 11

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    Lawyer agrees

    Answered . Need more information from you but if you are truly "exempt" from the Act then there would be no workers compensation claim. You could look to file a negligence claim against the homeowner if they were negligent in causing your injuries.

    DISCLAIMER The contents of this answer are for informational purposes regarding legal issues in South Carolina... more

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