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I was injured on the job in May 2012 by a roofing crew, they did not have insurance. Can the homeowner be held responsible?

Buxton, NC |

I am receiving workmans compensation through my boss but it was due to the negligence of the other crew that I was hurt. Is there anything I can do to hold them responsible?

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Attorney answers 7


You may very well have a claim against the other crew, assuming another company/entity, for damages. Consult with a local and qualifed personal injury and/or workers compensation attorney(s) asap. Good luck.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


I would contact a lawyer who specializes in Workers compensation and personal injury so you can get a complete picture of who can be held accountable for your damages.


Different staes have different rules about who and when you can sue when you are getting comp benefits. In Ca, irt is very complex. You need to talk to a local injury lawyer. Your comp atty may know or can hopefully refer you to a good local injury atty.


In North Carolina, you may have what is called a third-party claim against the other work crew. You should contact an attorney to discuss your claim.


It appears that you might have a claim, if they are truly a third party and negligent. Consult with a local personal injury attorney to assess your case for you.

I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


A lawyer would investigate pursuing a homeowner's claim as well. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.

Only 29% Contingency Fee! Phone: 215-510-6755


When a worker is injured by the fault of someone outside of his company- there are two claims: Workers’ Compensation and Personal injury. In a personal injury claim, the injured party has the burden to prove the fault of the person they are suing. To recovery money the person at fault usually must have insurance. Whether the homeowner has an responsibility for your injuries would depend on the facts of your injury. If you do get a recovery in a personal injury claim, the workers’ compensation carrier is entitled to be paid back what they have paid to you. As such, you need an attorney with experience in both workers’ compensation and personal injury to find the best approach to your case.

Martha Ramsay is a North Carolina attorney. As such, her responses to posted inquiries, such as the one above, are limited to her understanding of law in the jurisdiction in which she practices and not to any other jurisdiction. In addition, this answer is not a substitute for a proper legal evaluation of the facts in your specific case. Additional facts may alter the evaluation. Do not rely upon this answer to decide whether or not to pursue a claim. There are time limits in legal claims and this answer does not evaluate those time limits. No attorney-client relationship has been created by this answer.

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