Homeowner liability for personal injury of contracted workers.

Every insurance person says that everywhere is litigious. My advice: CYA. Hire only licensed and insured contractors - not for their injuries so much as for their mistakes and damage to your property. In the meantime, review your policy's liability coverage and proceed accordingly.

Dennis Phillips, Esq. Florida personal injury & wrongful death plaintiff’s attorney.
Million Dollar Advocates Forum, Mensa, Florida Bar, American Association for Justice, Florida Justice Association, Palm Beach County Justice Association, Broward County Justice Association. www.inawreck.com. Negligence is no "accident" (TM)

I'm the poster of the question. Thank you to the PI attorney for your reply. That makes two times now I've been advised to get contractors to prove to me that they are licensed and insured. Any advice from anyone as to how to force contractors to produce written proof that they are licensed and adequately insured? If they will not produce this information in writing, only assure me verbally that they are licensed and insured (which doesn't count for much), is there any agency in Florida where I can check for myself about a contractor's license, likewise for their liability and worker's comp insurance coverage? Will I need to hire an attorney to help me with this issue? If so, would it be a personal injury defense attorney since I am concerned about being sued, not wanting to sue someone?

Let me echo Attorney Phillips' advice. I have represented homeowners who have been sued as a result of contractors' negligence, and also a private homeowner who was suesd when a worker for a roofing company without workers compensation insurance was paralyzed after fall from a roof. It wasn't pretty. Hire insured contractors and have the
provide insurance certificates--you'll sleep better.

I agree. NEVER hire anyone to do work at your home that is not fully licensed and insured. Check worker's compensation at http://www.fldfs.com/wc/. Check license at https://www.myfloridalicense.com/wl11.asp.

I checked under Florida's legal requirements for employers to carry Worker's Comp here:
http://www.fldfs.com/wc/employer/coverage.html

There is no requirement for employers in the non-construction industry with less than 4 employees to carry Worker's Comp:

"Non-Construction Industry: An employer in the non-construction industry, who employs four or more part or full-time employees, must obtain workers' compensation coverage. Corporate officers are considered employees, unless they elect to exempt themselves from the coverage requirements of Chapter 440, F.S. Sole proprietors and partners in the non-construction industry are not considered to be employees unless they elect to be employees."

If someone wants to be hired by you, they will be able to provide you with a valid declarations page from their insurance policy or a certificate of insurance. Do not take verbal assurances.

When you are presented with a declarations page or certificate of insurance, make note of the policy number and name of the insurance carrier. I suggest that you call the insurance company and confirm that the insurance is in effect and has not lapsed or that you have not been presented with a forged document. Ideally you should receive a copy of the declarations page or certificate to keep for your records.

Once a repair person has made repairs to your property and leaves, you, as the property owner, become responsible for the results of the repair. If the repair has been completed improperly and causes injury to a 3rd party, you will find yourself sued as the property owner. It is somewhat reassuring to know that the person you hired has insurance coverage and can be brought into the suit or claim to help share in payment of the damages.

You may also wish to review your current homeowners policy to see whether or not it provides payment under a "medical payments" clause. You will need to review whether or not the policy would provide benefits to a contractor who may be injured on your property. Such a person may be excluded from coverage, however, the policy language will need to state so without equivocation.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

There's no way to force them to show you their bond & insurance papers (Declarations Page), etc.; but you can vote with your pocketbook and refuse to hire contractors that do not cooperate. In Florida, check with the Dept of Business and Professional Regulations, I think it's called, to verify licensure. If they are bonded, they could/should show you the bond papers; and you should be able to call the bond company to verify that it is still in force. Workers' Comp coverage might be different. I would start by asking for their policy Dec Page. If they stiff you on that, you could probably check with the Florida Division of Workers' Comp. You might have to search the internet a little bit to make sure that you get the right website and contact info for the Division. I bet you could call attorney Ken Schwartz and get the right info for comp right away. 561-478-5056. Otherwise, you should not need to hire one of us to find this info out for you. Good luck.

Dennis