Injured undocumented worker on my property-my liablibilty when I hired a lic/ins. contractor in nys

June 27, 2014

Question

I hired a roofing const. co rated no 1 on long island to replace roof from Sandy.This company subbed it out-which I didn't- they wore company shirts from my original company-worker got hurt-leg injury on my roof-now the orginal co won't pay his medical bills or workers comp so he hired a law firm and suing me-as third party- as well as the original company I hired-will this be thown back to orginal const. co. or will I-and my ins co. be liable also...thansk

Answer

You may be liable IF you were "directing or controlling the work", but if you just hired the company to fix your hurricane-damged roof and left it up to them to get it done, you and your insurance carrier would probably have a good defense. If you were served with a Summons and Complaint, or received a letter from the injured worker's attorney, mail, fax or fedex it to your insurance carrier. They should take care of it from there.

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