Who’s Liable if a Landscaper Gets Hurt on Your Property This Spring?
Spring is the time of year when many homeowners hire landscaping crews to freshen up their yards. Whether you are having trees trimmed, a patio installed, or plants refreshed, the work often involves physical labor and the use of power tools. But what happens if someone gets hurt while working on your property?
Understanding how workers’ compensation applies to injuries involving hired help is essential. Many property owners assume they cannot be held responsible, but that is not always true. The answer depends on who hired the worker, whether they were properly insured, and if negligence was involved.
What Is Workers’ Compensation?
Workers’ compensation is a type of insurance most employers in Illinois are required to carry. It provides coverage for employees who are injured on the job. The insurance covers medical bills, lost wages, and rehabilitation services. In the landscaping industry, workers are often exposed to dangerous equipment and physical strain, which increases the risk of injury.
When an injury occurs, the first step is usually to file a claim under the employer’s workers’ compensation insurance. This works well if the employer has insurance and the employee status is clearly defined. However, complications arise when the injured worker is an independent contractor or when the landscaping business does not have the required insurance.
What Happens When There Is No Insurance?
In some cases, small landscaping crews do not carry workers’ compensation insurance even though they are supposed to. If a worker is injured and there is no insurance coverage, they may pursue a personal injury lawsuit instead. This opens the door to additional legal claims and potentially involves the homeowner.
Even if you did nothing wrong, you could be named in a lawsuit as part of the search for compensation. If the injured person claims that you were negligent in maintaining your property or failed to warn them of a hazard, you could be found partially or fully responsible.
How Homeowners Can Be Liable
Most homeowners are surprised to learn they could be liable for injuries that happen to workers they hire. This usually happens when:
- The landscaping company is uninsured
- The homeowner was negligent in some way
- The injury was caused by a hidden hazard on the property
For example, if you knew about an unstable tree branch and did not warn the landscaper, that could be considered negligence. Even without active wrongdoing, homeowners can face claims based on the condition of the property.
Will Your Homeowner’s Insurance Cover It?
Standard homeowner’s insurance policies usually include personal liability coverage. This may provide protection if someone is injured on your property. However, there are limits. Some policies exclude coverage for injuries to people hired to perform work. Others may only provide limited protection depending on the policy details.
Before hiring any crew, it is wise to review your insurance policy and understand your coverage. You may also consider asking your insurance provider about umbrella coverage for additional liability protection.
How to Protect Yourself as a Homeowner
Here are a few steps to reduce your legal risk:
- Ask for Proof of Workers’ Compensation Insurance
Before hiring any landscaping or home repair company, ask for a certificate of insurance. - Request General Liability Insurance Coverage
Ensure the company also carries general liability insurance to cover accidents and property damage. - Avoid Paying in Cash Without Documentation
Always use written agreements. This creates a clear record of the work being performed and who is responsible for what. - Fix Known Hazards on Your Property
If there are uneven steps, broken walkways, or unstable structures, fix them or provide clear warnings. - Consult with an Attorney if an Injury Occurs
If someone is injured on your property, talk to a lawyer before speaking to insurance adjusters or signing anything.
When to Call a Lawyer
If you are a homeowner who has been contacted after a worker was injured on your property, legal advice is essential. An experienced attorney can help you determine liability, review your insurance coverage, and respond to claims appropriately.
If you are a worker who was injured and your employer does not have insurance, you still have legal rights. You may be able to pursue compensation through other legal channels.
Michael V. Favia has decades of experience with workers’ compensation claims, personal injury cases, and related insurance disputes. Whether you are seeking compensation or need to defend against a claim, the team at Michael V. Favia & Associates is here to help.
Contact us today to schedule a consultation and get the legal guidance you need.
