Self employed people and workers comp? A couple of brothers want to roof my house, what is my liability?

Asked 3 months ago - Kalamazoo, MI

They could use the work. One of the men is currently receiving workers comp do to a back injury, but he claims he would have no problem roofing my house.

Attorney answers (6)

  1. Gerald Gregory Lutkenhaus

    Contributor Level 18

    3

    Lawyers agree

    Answered . I don't like it. I would rather they had WC Insurance. If one falls off the roof, they will look to sue you since they have no coverage. Do you want this? Get someone with WC coverage so you can sleep at night.

    This response is meant to be information only and should not be considered to be legal advice. This information is... more
  2. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    2

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    Answered . I do not practice law in Michigan but in general, no matter how badly they were injured, they could not recover unless you were negligent or hid some defect.

    Anyone can purchase Workers' Compensation insurance. I insure myself.

    More importantly, one of these guys is telling you he intends to defraud Workers' Compensation and you are still considering the deal. If he is willing to steal from WC, why should you trust him?

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  3. John M Connell

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . I would stay away from this deal. Why take on that liability plus you now have an issue with possible fraud if he fails to disclose he has returned to work.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  4. Terrence Marc Rubino

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . every state is different and i am not a regular practioner in michigan. however, the two are not your employees and therefore you shouldn't have exposure to a workers comp claim.. further you should be ok re a possible liability claim so long as you haven't misrepresented anything to them or haven't hidden anything from them re the roof. in any event you probably have homeowners insurance if something weird happens and one makes a liablility claim.

  5. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . If you help the guy commit workers' comp fraud are you potentially liable for that crime too? In NC you would be, and it is a felony. Don't know about your state.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more
  6. Kenneth Marc Kaplan

    Pro

    Contributor Level 3

    1

    Lawyer agrees

    Answered . First, I would make sure they have the proper insurance coverage before starting the work. Then, i would ask if the one man has been put "out of work' by a doctor for his injuries. If these questions are not answered to my satisfaction I would look elsewhere.

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