How can I protect myself from being sued by an unlicensed handyman for work related injuries on our property?

Question

I want to protect myself from liability for an accident or injury that may happen. The handyman does not have liability insurance and cannot get it because he does not have a social security number yet. Is there anything that will hold up in court to protect me in case I am sued? Any suggestions? (Yes, I know I would not have this problem with a licensed insured handyman but please try to answer this specific question. Thanks)

Answer 1

sorry only answer would be to not hire him until he is licensed and insured

Answer 2

You could have him sign a waiver but I doubt it would hold up in court if he decided to sue.

Answer 3

You can't.

Answer 4

You need to buy a workers compensation policy, and a general liability policy.

Even if this guy is here illegally, YOU are still on the hook to pay lost wages and medical bills, until he hits 65, if he's injured working for YOU.  That's the workers comp law.  And as the homeowner, if he, say, spills paint on a corvette driving by, YOU THE EMPLOYER are responsible for the property damage, so you have to buy the liability policy to cover it.

Even if you get him to sign a paper waiving rights, etc, it WILL NOT hold up in a court of law.  You can't "waive" your right to coverage or protection under state law, or if you do, it doesn't hold up.  The legal phrase is "against public interest".  

Bottom line, you could be writing some big fat checks here.  Think carefully about how much money this is going to "save" you.