The roofer on my home fell off and injured himself. Am I (or my homeowners insurer) liable for his medical costs? Can the roofer apply to his own policy (or his employer's) for recovery of his expenses?
The answer can vary from state to state, especially since some states have no-fault laws when it comes to insurance for injuries. That means a carrier would pay the costs and then look to get reimbursed by another carrier if reimbursement is available. That process is known as subrogation. For instance, your insurance carrier pays $8,000 on the roofer’s claim. They then present their own claim to his carrier for the money they laid out. Or it might work out the opposite way, where the other party pays and then comes back to you to collect.
The brunt of liability could also vary depending on whether the roofer works independently, as a subcontractor, or as an employee. Because negligence or a dangerous condition is an important aspect of slip and fall injuries, an attorney may help untangle this web for you so your insurance rates don’t go up. After all, the roofer should have been aware of the dangers of his job and have his own coverage. A word to the wise: before you hire a roofing company, check to see if they have current workers' compensation insurance for their workers.
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