When Workers Are Injured At Private Residences
Day laborers are a big part of California’s economy. These are the workers who often gather at street corners, in parking lots, or in front of stores waiting for businesses or individuals to come by with offers of work for the day such as:
- Tree trimming
Injuries at private residences can be complex matters. If you are injured while doing yard work, deck repair, tree trimming or painting, who is responsible?
Is the homeowner or the person who hired you to work for the homeowner your employer? Is either liable for your injuries? For example, if the person you thought was your employer is an unlicensed contractor, you may be considered an employee of the homeowner rather than the individual that brought you to the job. These questions can trigger complex questions regarding insurance coverage and the application of the workers’ compensation system versus the personal injury system.
Day Labor Laws Are Complex
Homeowners may be held accountable for your injuries under workers’ compensation laws or personal injury laws depending on the facts of your case. Determining which system applies can depend on how much you earned on the job, how many hours you worked on the job, whether your employer was a licensed contractor, whether a license was required for the work, etc. In addition, careful analysis must be done to assess a homeowner’s legal responsibility. Can the homeowner be liable for failing to repair hazards and provide safe premises, or warn you about known hazards that were not obvious to you when you came onto the property?
At Butler Viadro, LLP, we know it is not always clear who is at fault when an injury occurs. Our experienced team of lawyers has the resources to delve into all angles and will work to provide our clients with maximum compensation for their injuries.
We Have Helped Our Clients Win Significant Verdicts
At trial, we secured an $18,569,394 judgment for a laborer hit in the legs by an I-beam that another contractor knocked loose.
Contact Butler Viadro, LLP, in Oakland, for a free consultation if you were injured while working at a private residence. We work on a contingency basis so we will not collect attorneys’ fees unless we get compensation for you.
You may read more about day laborers in an article here: http://www.plaintiffmagazine.come/item/day-laborers-homeowner-liability