I live in Texas. Members of this board have been very clear that little to no rules exist for my state in terms of roofing to include requiring workers comp. I have found that companies that do have workers comp employ subs to put the roof on and that the subs don’t have workers comp.
I have really thought this out and now wonder how workers comp on the workers protects me the homeowner. I know that the employer get a lot of protection from workers comp…the employee can’t sue the employer. I don’t know if this same protection carries over to me. Or can the injured employee get his workers comp settlement and then sue me. I am sure this is a question for a different forum but curious if anyone with any personal experience.
The solution would be some sort of waiver. Does anyone know if this is possible to ask your roofer for a waiver releasing the homeowner of any liability?
You can get a waiver from the roofing company, but it doesn’t protect you from an injury by the subcontractor.
The ONLY way you can protect yourself, if when the crew shows up, you have each and every one of them sign a waver releasing you from liability.
But even that… may not be 100% in all cases. HOWEVER… being in Texas, there is a good chance the workers will be illegal. Getting a signed document from them, make sure they show you proper ID, so you know they gave you the correct info. If they dont have an ID, chances are they are illegals, and wont be able to sue you anyway, because they dont have any rights.
I wouldn’t ask my attorney any technical advice regarding roofing. By that same token, if it is important to you, it is pure folly to seek legal advice on a roofing forum.
What you may be able to get is to have the roofing contractor indemnify you from any legal action resulting from an injury to a worker. If the roofing contractor is big enough and has deep enough pockets, this may provide you with some protection and peace of mind.
Again, if this is important to you, contact the attorney you would likely have represent you were you to get sued for a workman’s comp claim.
