Waiver of Liability hiring a handyman?

[suttles]

I was just wondering if anyone could offer advice on having some work done?

This is just some small things like helping to finish a run in shed and then boxing in some stalls. Nailing boards and maybe tamping in some tee posts.

It is hard to do all these things ourselves and we have found different people that are handymen that will do these type of odd jobs.
Our homeowners insurance covers some if anyone should get hurt. I know that there is some difference in paying someone hourly and by the job.

Also would having them sign a waiver of liability do much good if they should be hurt?

In the past we never thought much about these things but now I am more concerned over any type of law suit.

If we have to hire a liscensed insured contractor that is way out of our price range.

This would not be much different than having your yard mowed or someone blow leaves off the yard.

Thanks
sandy

 

[Phils]

For the occasional handyman or yard help, homeowners insurance policies here in CA not only cover some fixed dollar amount of medical (that could also be used for guests) but also workers compensation. Check that the workers comp part is included with your policy because if a handyman gets hurt seriously enough, the medical wouldn't be enough to cover the possible bills and only the work comp part would pay for therapy and lost wages, etc.

Getting a signed waiver is only another piece of ammunition in a court battle, nothing more.

Phil

 

[California]

I think you also need to consider if this is household help, or might be considered farm help after an accident happened in the barn.

Homeowner's insurance might cover injury around the home but I think only an active workman's comp policy, for a short term farm employee, would limit your liability if a real disaster should occur.

You need to consider and insure for the worst possible case, for example a fall that could leave a person dependent on you, or your insurance, for the rest of his life. A writen waiver would not likely protect you in this case.

That's one reason licensed contractors are expensive - they pay a tremendous percentage of wages to their insurance company to shield them from personal liability.

 

[Doc_Bob]

Also would having them sign a waiver of liability do much good if they should be hurt?

I don't think anyone can sign away their right to sue you for your negligence. Check with your lawyer.
Bob

 

[Jstpssng]

I don't think anyone can sign away their right to sue you for your negligence. Check with your lawyer.
Bob

When i was a subcontractor I filled out a form
http://mainegov-images.informe.org/wcb/petitions/wcb261.pdf
with the Maine Worker's Comp board. By meeting certain criteria; i.e., setting my own hours, supplying my own equipment, providing similar services for other clients; I was able to waive my right to sue if I got injured while working for somebody.

Laws vary by state however.

 

[suttles]

I would not be doing anything that is negligent.
I only wanted to be sure that if they were to be hurt I would be covered.

A friend that does some construction work and also owns some apartments told me he had someone help him do some work at the apartments.

Later they sued him for hurting there back and he didn't even know that anything had happened.

He said they had bent over to lift a bale of straw and claimed it was the work he was paying them to help with.

They also got almost 20K out of him for that.
He now uses people from a temp service.

I would not do anything that would be negligent.


I have talked to our insurance company about these things in the past and everytime they say we have some coverage and not to worry.

But then the coverage is not much compared to some one falling from a ladder and getting hurt.

It is hard to know how to find someone to put up a three sided run in shed.

Husband often works 6 days a week on his job.
sandy

 

[cp1969]

If your friend has good luck using Temps, why not follow his example?

 

[CurlyDave]

I have talked to our insurance company about these things in the past and everytime they say we have some coverage and not to worry.

One of the things to consider here is an umbrella policy. As I understand it it takes the liability limits on <B>all</B> of your other insurance and raises it to $1M, $2M, or whatever you decide to pay for.

If you have "some coverage" this would easily bump it up to whatever you might need.

The insurance companies look at your risk as really being auto coverage, so they don't even rate you on exposure from day labor you might hire.

I built the house we are living in with my own hands and day labor about 15 years ago, and this was the route I went.

Check with your agent to see if this works for you. Then check with a lawyer to be sure the agent is telling you the truth.

 

[goaliedad]

you stated:

I would not be doing anything that is negligent.
I only wanted to be sure that if they were to be hurt I would be covered.

Well, that is most certainly your intent, but a jury may well see it differently. I'm sure MacDonald's thought they were suppose to sell their coffee HOT!

I would check with your insurance agent about the umbrella as was mentioned. Let them know that you are concerned about liability for a hired handyman.

Good luck

 

[Doc_Bob]

I would not be doing anything that is negligent.

Only a court decides that no matter how you feel.
Talk to a lawyer.
Bob