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We had a handyman working on our property and he tore his…

Customer Question
We had a handyman...

We had a handyman working on our property and he tore his shirt on shed- then while later he cut open his shoulder on shed. He is threatening to put a lean on our house bunch of crazy stuff if we don't pay it or put it thru our home owners insurance. We asked what about workmans compensation insurance? He ignored us

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Happening now - he is doing bad work a painting job on our house and we told him we do not need him any longer~ he got nasty. We obviously will settle what we owe for work done.

Lawyer's Assistant: Where is the house located?

Minnesota

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's all

Submitted: 2 months ago.Category: Legal
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Answered in 9 minutes by:
5/26/2018
Lawyer: Attorney Wendy, Lawyer replied 2 months ago
Attorney Wendy
Category: Legal
Satisfied Customers: 1,383
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. This is certainly an unfortunate situation. Anytime anyone enters onto your property - even if uninvited - and suffers an injury there is a risk that you as the homeowner/property owner will be responsible. If you did not confirm he had worker's compensation prior to engaging his services (or if he claimed he did have it but is now refusing to go that route), it may be that worker's compensation (WC) is not available in this instance. Many self-employed contractors work without it. Though all employers are required to have WC insurance on their employees, where someone is self-employed and does the work himself, such insurance is often overlooked.

At this point, it may be worth getting an estimate to complete the painting job correctly and also ask him for receipts for his medical bills. Then you will be in a position to evaluate the entire situation and make an offer to resolve it with him. Your homeowners' insurance may provide coverage for his injuries, but it doesn't sound like this was a serious injury so it may not be worth the claim and the deductible. it sounds a little like he is trying to take advantage of you, so the more you can get documentation of his actual injury and of what you will have to pay to complete the job he was supposed to be doing, the more leverage you will have to negotiate something to be done with him. If he continues to harass you, you may want to consult with a local attorney so that person can be the go between to get the matter resolved.

As far as the lien threat, he could likely place a lien on the home for the work done, but it is not common to place such liens for medical bills due to injury. That doesn't mean he wouldn't do it and then you would have to take the time and expense to have it removed. So, if you can get it settled with him for something reasonable, that is worth trying.

I hope this information is helpful. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 2 months ago
He is absolutely threatening us, he says the work is not complete, he is talking trash against me to my husband. Saying it's all a problem because the paint is a different color, which actually we chose a darker color. He wants to take pictures of our property today of the work he has done when he comes for his tools; can we refuse him to take the pictures ?
Lawyer: Attorney Wendy, Lawyer replied 2 months ago

You can provide him his tools at the edge of your property and not allow him on the property, but if you do that be sure you feel you can do it safely.

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Lawyer: Attorney Wendy, Lawyer replied 2 months ago

Just wanted to check back in to see if you needed any further assistance.

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