I'm going to begin prepping to paint the outside of my house soon, and want
to wire brush by hand all the eaves and such. Unfortunately, a neck injury
prevents me from doing that specific part of the job myself. I was
considering hiring a day helper (here in SoCal you can find casual day
laborers in front of Home Depot, among other places) to do this part of the
job. When I mentioned this to a friend, he warned me away from the idea,
saying that I should always be careful hiring someone like that, and
especially not to put them up on ladders because at least some of them may
be looking for an easy injury and liability lawsuit. Any advice on this?
you own a home, your homeowners insurance will cover injuries on guest
top your house and postman, etc.. but will not cover a worker for you(
thats why you need workmens compensation insurance for them.. and if you
dont have it you gonna have to pay out your pocket for it..............
your friend is correct, if they get hurt(on a ladder is a real big
possibility) then you gonna pay.. and having them at your hose, well i
try to do just about everything at my house so i dont have to have any
workers come to my house.. what if next week they think: oh this rich
sob just gave me xxxxdollars and he can afford more, let me go over
there and take his TV, rape his wife, cut his throat??? you get the
Paranoia...let me explain something to you.....
IF and thats IF, someone wants what you have, be it your TV, your wife,
whatever, there is not a damn thing you can do to stop it.
From someone that had a home invasion in Southern CA, its not a fun
thing.....and it was not from someone that we had paid, or had come in. We
had a full grounds crew, a security guard, and gate. This happened to us
right after the gardners left and went to another part of the property.
IF and thats IF you hire a licenced and insured person, even if the work you
want done is just basic handyman stuff, you have practically zero to worry
about. It is the guy that has been casing your place for a month that knows
as much about you and your habits as you do that you worry about.
and BTW, the wife could add to it, but lets leave it at that.
Here in NC, we have them, and can use them....still...
Bad thing was, on the home invasion we had them in CA too....but there was
no way to get to it fast enough, and it didnt matter, since the guy that
broke into the home should have been on Amercias Stupidist Crimminals.....
Somewhat true but so what? The homestead laws prevent forclosure on your
homestead except for purchase money mortgages, a valid mechanics and
materialman's lien and failure to pay taxes.
Never the less, if sued by a day laborer and your homeowners doesn't cover
it, you can still lose most everything BUT your home and have your wages
garnished so that you lose your house anyway.
BTW: The homestead "exemption" is a tax break on property taxes for your
homestead. It has nothing to do with the homestead protection provided by
the homestead laws.
On Fri, 19 Dec 2003 02:44:54 GMT, email@example.com (Bruce) wrote:
Wrong Again, Bruce!
Do a google search on "Texas Homestead Exemption" and you will find
that it has 'everything' to do with homestead protection.
You should spend a little more time reading instead of writing.
Thanks for the interest and advice so far. For reasons I won't go into, I'm
not worried about personal safety, nor would the worker be in my house to
any significant degree. Besided, it's a safe assumption that every house in
my neighborhood has all the same general possessions, so "casing" my house"
would be of no particular value. I was more interested in the
legal/liability issues. Any more thoughts on that subject?
Yes. You get what you pay for. Menial unskilled labor at a rockbottom price.
From someone who has absolutely nothing to lose no matter what he does or
"For any item or service available, there will always be some man willing to
offer a lower quality version at a lesser price, and those who consider price
alone are this man's lawful prey."
Use a day labor company. They have the insurance and can provide
laborers with the exact skills you need. I've used them on a number
of manual labor type jobs and always been thrilled with their work and
the effort they are willing to put forth.
I'd ask a CA lawyer. In PA workers comp protects the employer (the temp
agency) from lawsuits for injuries. The problem is 3rd parties. The 3rd
party would be you as the homeowner. That requires protection of you, the
homeowner, who is not covered by the Workers' Comp policy that protects the
liability of the employer, the temp company.
In other words, the employee is limited in suing the employer when workers
comp is carried. That settles liability between those parties only. As
between the injured worker and 3rd parties (like homeowners), that is lawyer
heaven generally. In other words, make sure you have some kind of coverage,
either legal or through insurance before bringing ANY workers onto your
Yup, I've seen it. I wouldn't hire them at all. Hire a contractor with proof
of insurance that you have seen, then make sure you don't do anything stupid
or careless to let someone raise an injury claim. Otherwise you can easily
end up at hearing for work injuries with hte worker claiming you are an
employer required to carry insuirance coverage, that they should have been
covered, that they were injured, and that you should pay. And if you don't
go to defend yourself, you lose. Even if you do go to defend yourself,
perhaps you lose because the judge is looking to protect workers.
I don't know the law in CA, but I've seen it happen to people in PA.
If you must use day laborers I would skip the migrant worker hanging around
the store and look into a labor pool situation. They usually pay the salary,
insure the people that they place, and for what it's worth, at least know
where these people come from, and go as well.
I'm afraid we live in a society today that makes hiring day labor a
potentially dangerous thing to do. Check with your house insurance company
and see if you may have coverage for workers getting injured on your
property. Probably not. Perhaps they sell coverage of this type. Probably
Is there a neighbor that has a High School aged Son? Maybe he would like to
earn some $ over the Christmas break and may not sue you if he was injured
on the job. It is a shitty world we live in these days.
Why do you think a neighbor or their child would not sue if injured? A
dumb assumption at best and a potential dangerous path to tread!
In fact I would be more nervous about being sued by a neighbor than I
would dealing with a stranger - BTW our home owner's insurance DOES
cover injuries to workers - at one time we had a rider for WC to cover
baby sitters, but one year our agent told us it was no longer needed
and they would be covered along with anyone else we employed to work
in or around the house!
Crikey, a person could analyze and invent "what ifs" until Rapture
arrives, and in the meantime, the lawn has turned into the damn
rainforest. And there are plenty of silly things to, uh, worry about.
Sure, a person *might* sue if a jet engine or a meteorite chose that
particular moment to fall out of the sky, or some drunk driver jumped
the curb, or mower boy caught the notice of some sniper in a clock tower
a half-mile away. Otherwise, it's not really all that hard to prevent
yourself from being sued for negligence, which is pretty much what
people sue you for when mishaps occur:
1. Make sure your lawn is completely free of loose stuff that could get
sucked into a lawn mower and get turned into a missile, i.e. rocks,
chunks of tree bark, sticks, etc.
2. If you have a dog, keep it inside. Dogs tend to bite strangers.
3. If you've got a meth lab in the basement, wait until mower boy leaves
to resume operations and possibly blow your house up.
That pretty much covers it. If the kid mows his own foot off while doing
your lawn, it's his own damn fault for being an imbecile, not yours.
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