Brooklyn, NY asked in Personal Injury and Workers' Compensation for New York

Q: I hired someone to paint my house, but he fell of the ladder. what is my responsibility ?

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: It could depend on whether there were any safety issues related to the control of the property owner. But in general, the short answer is that such injuries are generally covered by workers' comp. Good luck

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: It really depends on why the worker fell off of the ladder. If there was nothing wrong with the ladder, your legal liability would be very limited as New York Labor Law § 240 does not apply to the owners of one- and two-family dwellings (unless you directed or controlled the work). If there was something wrong with the ladder, even though Labor Law § 240 would not apply, you could be held responsible under Labor Law § 200 if you either knew or should have known that there was something wrong with the ladder (or perhaps the worksite if it contributed to his fall). Although workers' compensation prevents the injured worker from suing his employer, it does not prevent him from suing you. If you have homeowner's insurance, best to report the incident to them sooner rather than later.

Daniel Michael Luisi agrees with this answer

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