When Your Roofer Gets Hurt: The Hidden Liability Risks Every Homeowner Must Know
Picture this scenario: You’ve hired a roofing contractor to repair storm damage to your home. Everything seems routine until a worker falls off your roof and suffers serious injuries. You assume the contractor’s insurance will handle everything, but then you receive a letter from an attorney demanding you pay for medical expenses, lost wages, and pain and suffering. This nightmare situation happens more often than homeowners realize, and it can cost tens of thousands of dollars if you’re not properly protected.
The Shocking Truth About Homeowner Liability
If an accident happens during the job, you could be left responsible for property damage or a worker’s injuries when your roofing contractor lacks proper insurance coverage. Homeowners assume that contractors will be responsible for their own injuries, but that’s not the case. In most states, if the contractor doesn’t have workers compensation, the “prime contractor” is the one who must pay.
The financial consequences can be devastating. Without general liability coverage, the property owner will be liable for all of these costs. Most homeowner’s insurance policies aren’t high enough to cover the costs of such an accident. Additionally, imagine what would happen to you if a worker becomes severely injured on your property. Unless they were adequately insured, the injured worker, or their family, could try to hold the homeowner responsible.
Real-World Examples of Homeowner Liability
Consider this actual case from Texas: A roofing company chose not to cover their employees with Workers’ Compensation, and the customer didn’t verify they had it. A member of the crew slipped and fell off the house and was seriously injured. Since the roofing company did not cover the costs, the injured employee filed a claim against the customer’s homeowner’s insurance. Because the employee did not have personal health insurance, he tried to recoup his medical costs and lost wages through the homeowner’s insurance policy.
Another scenario involves premises liability: Even homeowners who aren’t exercising control over a project have a legal duty to provide a reasonably safe place for contractors to work. This means that a homeowner must warn workers of any defects on the property that aren’t obvious. For example, let’s say a homeowner hires someone to paint a deck. The owner knows that there is a structural issue with the deck but hasn’t fixed it and doesn’t warn the painter about the problem. The painter is injured when the deck collapses. The painter will likely sue the homeowner to get compensation for the resulting injuries and other losses.
Essential Insurance Coverage Your Contractor Must Have
To be safe, your contractor needs two essential policies: General Liability to cover your property and Workers’ Compensation to cover their team. Here’s what each covers:
- General Liability Insurance: It covers instances where roofers may inadvertently damage property or cause injury to non-workers. At a minimum, a roofer should carry $1 million in general liability insurance.
- Workers’ Compensation Insurance: This coverage pays for your employees’ medical expenses and lost wages if they are injured while on the job. If a roofer falls or gets injured on your property, this policy covers their medical bills and lost wages. Without it, you could be sued for damages, especially if the contractor tries to claim they were an “independent contractor” rather than an employee.
How Control Over the Project Affects Your Liability
The more control you exert over a project, the more likely you are to be liable if something goes wrong. The more control a homeowner exercises over the project the more likely the homeowner will be liable for a contractor’s injuries. If a homeowner gives instructions to laborers about how and when to perform certain work, the homeowner might unknowingly take on an obligation to ensure the overall safety of the workers.
To reduce liability, a homeowner can reduce the risk of a lawsuit by hiring a general contractor to oversee the project or by stepping aside and allowing contractors to perform their jobs without supervising their work.
Protecting Yourself: What Every Homeowner Should Do
Before hiring any roofing contractor, take these critical steps:
- Verify Insurance Coverage: Always ask to see proof of these policies before any work begins to ensure you’re protected. Don’t just take their word for it.
- Check Policy Dates: It can, which is why you should always check the policy dates on the Certificate of Insurance. Ensure coverage remains active throughout the entire duration of your project. If a policy lapses mid-job, the protection disappears—and so does your peace of mind.
- Review Your Homeowner’s Insurance: Homeowner’s insurance covers most injuries that happen at your house, but coverage may have limitations.
- Consider Umbrella Coverage: This is a layer of protection that kicks in if a claim exceeds the policy’s primary limits. For large homes, high-end materials, or complex jobs, it’s a smart— and often necessary —safeguard.
Working with Properly Insured Contractors Like Aastro Roofing
When searching for a licensed roofer near me, it’s crucial to work with established companies that prioritize proper insurance coverage. Aastro Roofing, serving Broward and Palm Beach County in Florida, exemplifies the type of contractor homeowners should seek. Aastro Roofing is managed and operated by family members who all have vested interest in the success of our company and the satisfaction of our customers. As specialists in residential and commercial roofing services, we are dedicated to offering customer service that is second to none.
We’re a locally owned and operated company that values honesty and integrity, and treats your roofing projects as if it were our own. We offer a wide range of roofing expertise and experience to meet the specific needs of our clients. With over 70 years of combined experience and 300+ Google reviews and 500+ total reviews across all platforms, they demonstrate the reliability and professionalism that comes with proper insurance coverage.
The High Cost of Roofing Work Makes Insurance Essential
According to the US Bureau of Labor Statistics, roofing was among the riskiest occupations from 2019 to 2020, with a fatal work injury rate of 47 per 100,000 full-time equivalent workers. Given these risks, the average rate our customers pay for workers’ compensation under the roofing class code is between $9.90 and $15.25 per $100 of payroll, depending on the state. The average state fund rate is about $29.50 per $100 of payroll.
This high cost of workers’ compensation insurance explains why some contractors try to operate without it, but one reason so many contractors go unlicensed and fail to purchase workers’ compensation insurance is the sky-high cost of that insurance. However, this creates enormous risk for homeowners.
When Homeowner’s Insurance May Not Protect You
There is an exception, however, if your own carelessness or negligence caused the accident. If your homeowners insurance company believes you contributed to the accident by failing to exercise the right amount of care over the safety of your property, it may withhold coverage in a premises liability lawsuit against you.
Additionally, liability waivers may limit claims but often do not fully protect property owners from injury lawsuits if a roofer lacks insurance. Without workers’ compensation or general liability insurance, the property owner could face financial risk if the contractor is injured on site. It’s important to verify insurance coverage and understand that waivers might not cover all legal liabilities.
Conclusion: Don’t Risk Your Financial Future
The risks of hiring an uninsured or underinsured roofing contractor are simply too great to ignore. Roofing isn’t just dangerous work—it’s risky business. Workers are climbing ladders, using heavy equipment, and working on top of your home. If a roofer is underinsured, and someone gets hurt or something gets damaged, you could be held financially responsible.
Before your next roofing project, take the time to verify your contractor’s insurance coverage, understand your own liability, and ensure you’re working with reputable professionals who prioritize safety and proper coverage. Your financial security depends on it.