# Who Is Liable if a Contractor Is Injured at Your House? | Attorney Brian White

**Table of Contents***[*Expand*]*

1. Workers’ Compensation Insurance
2. Homeowner Negligence
3. Protect Yourself from Liability
4. Contact the Houston Workers' Compensation Lawyers at Attorney Brian White Personal Injury Lawyers For Help

![Am I Liable if a Contractor Is Injured in My House?](https://attorneybrianwhite.com/wp-content/uploads/2017/06/Am-I-Liable-if-a-Contractor-Is-Injured-in-My-House-300x186.jpg)

If you are undertaking a homebuilding project, you may have a significant learning curve in terms of hiring contractors. [Houston](https://www.houstontx.gov/) contractors come with their own rules, insurance policies, and other considerations when they perform work on a private property.

As the homeowner, you have specific legal duties toward your contractors and subcontractors. If a contractor sustains an injury on the job, you may be [liable](https://attorneybrianwhite.com/faqs/whats-liability/) for the [damages](https://attorneybrianwhite.com/blog/types-of-damages-available-in-personal-injury-cases/). Here’s what you need to know before starting your next project.

## Workers’ Compensation Insurance

Virtually all for-profit businesses (and most nonprofit organizations) cover employees with [workers’ compensation in Texas](https://www.tdi.texas.gov/wc/employee/). Workers’ comp is a state-run, employer-funded program that automatically pays for employees’ injuries if they occur during work-related activities. Workers’ comp pays for injuries regardless of whether or not the employer’s [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/) contributed to the incident.

If you hire an employee of a licensed general contractor or subcontractor, it is typically safe to assume that workers’ compensation will cover his or her injuries. However, hiring an unlicensed contractor is a different story. In a situation where you hire an unlicensed worker not under the protection of workers’ compensation insurance, the law may see you as the employer of these workers.

As the employer, it is your legal duty to pay for worker injuries incurred on the job. Even if workers are operating under the direction of a general contractor, you are the employer if they are not licensed. Keep in mind that [Texas](https://www.texas.gov/) laws require contractors to acquire proper licensure before completing work. Regardless of the contractor/subcontractor working illegally without a license, you may be liable for job-related injuries in these scenarios.

For a legal consultation call [(713) 500-5000](tel:+17135005000)

## Homeowner Negligence

Any worker that is self-employed or otherwise [not covered by workers’ compensation](https://attorneybrianwhite.com/), which you have directly hired to work on your home, is your employee. Therefore, if you act negligently, resulting in worker injuries, the law will hold you liable for damages.

For example, as an employer you have the duty to maintain a safe work environment for your workers. This may include warning of known hazards, providing proper safety gear, and making sure the workers have enough training to prevent incidents. These tasks fall under your responsibility when you are legally the employer.

As a property owner, you also have certain legal duties. You must repair known hazards, search for unknown hazards, and warn property visitors of hazards you know about but have not yet repaired. For example, failure to fix a faulty staircase, resulting in a worker [slip and fall injury](https://attorneybrianwhite.com/houston-tx/slip-and-fall-accident-lawyer/), may fall under your own liability as a negligent property owner.

If the courts deem that you knew or should reasonably have known about the danger but failed to prevent injury, you may be liable based on the rules of [premises liability](https://www.nolo.com/legal-encyclopedia/what-premises-liability.html).

Even if workers’ compensation covers the damages of an injured employee, if your own negligence contributed to the incident, you may still be liable for damages. The injured employee has the right to bring a personal injury [claim](https://attorneybrianwhite.com/blog/claim-vs-lawsuit/) against you for your negligence.

Texas’ workers’ compensation laws allow injured parties to bring claims against third parties *and* earn workers’ comp benefits. You may face a personal injury lawsuit for failing to provide a reasonably safe environment for workers.

## Protect Yourself from Liability

If you’re beginning a home building project, have a general liability insurance policy in place before work begins. A general contractor should be able to show proof of general liability insurance. This insurance can protect you from injuries workers sustain while on the job. Avoid negligence-related liabilities by ensuring a safe environment for workers at all times.

If you are a prudent homeowner, you can avoid lawsuits for damages that could end in payments that exceed the value of the home itself.

[Click to contact](/contact-us/) us today

## Contact the Houston Workers’ Compensation Lawyers at Attorney Brian White Personal Injury Lawyers For Help

Our offices       Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350
Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466)  [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098)         Houston — East Freeway 11811 East Freeway, Suite 630-06
Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893)  [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029)         Houston — South Loop 2600 South Loop West, Suite 293
Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904)  [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054)         Houston — Katy Freeway 11511 Katy Fwy, Suite 515
Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537)  [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079)         Houston — Clear Lake 1300 Bay Area Blvd, Suite B268
Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854)  [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058)         The Woodlands 1776 Woodstead Ct, Ste. 203
The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777)  [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380)         Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444
Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777)  [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069)

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### About the Author Brian White

![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg)

[Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. As a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer, Brian represents clients throughout Houston in cases involving [car accidents](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/), [truck accidents](https://attorneybrianwhite.com/houston-tx/truck-accident-lawyer/), [motorcycle accidents](https://attorneybrianwhite.com/houston-tx/motorcycle-accident-lawyer/), [brain injuries](https://attorneybrianwhite.com/houston-tx/brain-injury-lawyer/), [wrongful death](https://attorneybrianwhite.com/houston-tx/wrongful-death-lawyer/), and more.

Dedicated to giving back, he actively supports local charities and [community initiatives across Houston](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents.

[Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / [Linkedin](https://www.linkedin.com/in/attorney-brian-white-378410166) / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/attorneybrianwhite/?hl=en) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston)

 

 

Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/)

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