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Question DetailsAsked on 10/23/2013

Is it importantant to find a roofing contractor who carrys workman's compensation insurance?

Does a contractor's workman's compensation insurance for his workers protect the home owner from law suits in the event a worker is injured on the homeowner's property?

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2 Answers


Yes and no - he needs liability insurance too, to start with. Worker's Comp laws in most or all states stipulate that worker's compensation overrides all other insurance if taken - the bugaboo is IF the worker does NOT accept workers compensation, then he can sue the employer and homeowner instead. Usually that does not occur because workers comp is pretty much a sure thing to cover an injury and commonly provides disability payments too if a significant injury - whereas a lawsuit against you would require first that you be found at least partially liable, then he has to recover damages - quite a gamble versus workers comp, which is stacked heavily in the employees favor.

I would talk to your insurance company about supplemental liability protection for yourself, or to the contractor about cost to add you as an additional insurace on his liability insurance for the duration fo the job - typically $25-50 for an additional insured endorsement, which can be well worth it, especially considering roofing is consistently in the top 5 industries for worker injury claims. Supplemental protection for you can be cheap - $2 million extra Umbrella coverage can typically cost about $300 per year, which adds liability coverage not only on homeowners but also on auto policies.

Answered 6 years ago by LCD


In Texas if anyone falls they can sue the homeowner regardless of any ins workmans comp or otherwise. The installers (99.99999%) are subcontractors and wouldn't be under workmans comp at all. We carry $2,000,000.00 ins in liability with $150,000.00 medical/accidental death and that is what you want to make sure your contractor has and makes you a certificate holder on his policy. Even with that, you can still be sued.

Answered 5 years ago by Roofman1

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