Visitor Question

Fell While Painting a Barn…

Submitted By: Tracy (Michigan)

I was hired by a homeowner to paint their barn. I am uninsured. I fell from ladder and broke my leg while working.

Can I sue the home owner for the costs of my medical bills and loss of ability to work during the time I’m healing? Does it matter if I was working independently?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tracy,

You should be covered under the homeowners insurance policy.

You have two choices. Under the homeowners policy you may be covered under the medical payments section or the personal liability section. Under the med pay section you won’t have to go through the process of proving negligence.

In your case there doesn’t seem to be any homeowner negligence anyway. As a result you will have to proceed under the medical payments, or “med-pay’ section of the policy. Unfortunately under the med-pay section you will only be able to recover up to $1,000 dollars (more of the homeowner has paid for additional coverage).

If the homeowner was negligent you might have been able to recover substantially more. But without homeowner negligence you are relegated to recovering under the med pay section if the policy.

Contact the homeowner and ask for the name and policy number of her homeowners insurance company. Contact them and file your claim. Be prepared to submit to the insurance company your medical bills and receipts for your medications. Unfortunately, under the med pay section you are not entitled to lost wages or pain and suffering.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 9, 2013

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