Kansas City, MO asked in Intellectual Property, Personal Injury and Real Estate Law for Virginia

Q: Can you sue someone homeowners insurance you get hurt on job thier property

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
  • Potomac, MD
  • Licensed in Virginia

A: You cannot sue their homeowners insurance. If you worked for them as a contractor not covered by workers compensation insurance, you can sue the homeowner or whomever was negligent in causing your injury. If you were covered as an employee by workers compensation, you can file a claim against your employer for workers compensation, which will pay less (medical bills, 2/3 lost wages, and permanency) but will not need to show negligence. Sometimes, you can do both. You need to consult with a lawyer, and such injury consults are usually free.

Peter N. Munsing
Peter N. Munsing

A: Only if they concealed a danger they knew about and it wasn't part of what you were hired to fix. Example--rotten roof, you're hired to fix, no duty to warn.

Example--they know there's a rotten roof, they know you have to cross it to get to a TV antenna you have to work on, they don't tell you.

But note Virginia has tough assumption of risk and contributory fault cases --why not get a free consult from a member ofthe Virginia Trial lawyers assn.

If you were working for someone else, note what Mr. Sternberg says.

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