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    smokefish's Avatar
    smokefish Posts: 1, Reputation: 1
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    #1

    Jan 9, 2008, 04:38 PM
    Home owner liability to injured worker
    I have a cleaning lady who cut herself on a broken jar when taking out our trash. She had to have 5 stitches in her finger. Her husband's insurance covered all but $100 of the bill. She asked if I would reimburse her for the amount. Am I under any obligation to do so?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 9, 2008, 04:49 PM
    Hello smoke:

    As an employer you are responsible for the injuries of your workers while on the job. Pay her and be happy she didn't sue you for her pain and suffering. If her husband's insurance company sues you, and they might, you'll lose.

    excon
    bushg's Avatar
    bushg Posts: 3,433, Reputation: 596
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    #3

    Jan 9, 2008, 04:52 PM
    He's right pay it and hope they do not call her wanting to know how it happened and where she was at.
    They may even make her have workmens compensation papers filled out. She would have to or they would sue her for the bills that they have already paid.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 9, 2008, 04:55 PM
    Yes, in fact you are liable for the entire bill. Her husbands insurance can legally come back to you to pay them back.

    This is why if you are hiring a cleaning company, you are to always be sure their employees are covered by workers comp. If you are hiring them direct as an employee, you are liable to be sure their medical bills are paid.

    For example if this same girl had fallen, and could not work for 10 years, and have 20,000 in medical bills, you could be sitting there writing out checks to her.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 10, 2008, 03:08 PM
    Quote Originally Posted by smokefish
    I have a cleaning lady who cut herself on a broken jar when taking out our trash. She had to have 5 stitches in her finger. Her husband's insurance covered all but $100 of the bill. She asked if I would reimburse her for the amount. Am I under any obligation to do so?

    Do you have Workers Comp as part of your Homeowners Insurance? Many people do and don't even realize it.

    And you are responsible for the total amount - she was your employee and, in theory, under your supervision and on your property.

    I'd pay quickly before she runs to an Attorney for scarring, infection, whatever.

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