Can he sue for this?

What is the name of your state?What is the name of your state?What is the name of your state? Michigan

This question is a little confusing, I'll try to keep it simple,

Last summer my boyfriend (now husband) was asked by a former neighbor to install a window in his house. Not knowing exactly how to do this he asked our then neighbor to help who works in the window istallation field. Well they both went over there one day and started the job and had the leave to finish another day.
A week or so later we called the neighbor to go and help finish the job. While in the middle of the job the ladder the guy was on sunk in some mud and the guy fell off breaking his wrist pretty bad.
After going to the Doctor and after contacting a lawyer this man comes over to my house and tell's me the lawyer say's that he will have to sue my husband not the home owner because he contracted the job??? Mind you we didn't pay this man out of our pocket the home owner did. My husband doesn't own his own buisness nothing was put in writting. It was just an offer to help out with this side job so they botrh could make a little extra money.
This guy told he wasn't the type of guy to sue friends so don't worry about it. Well..I had also found out I was pregnant so I'm wondering if that made him want to wait to start the sueing process because he just called us out of the blue one week after I delivered my baby and aske how things were going.

I'm also worried because after all this happened we got married and bought a house (In my name only) so now I'm wondering if he's thinking it's worth it to go after us and sue us because we now own something of value...We bought the house in November.

I'm sorry this is so long...I just have a new baby and am a little worried because I saw some guy pull up quickly in front of my house today and take a picture and drive off, So I'm thinking this might be related?

I would apprciate any help at all, Hopefully to set my mind at ease.

Thank You

BTW-This guy didn't have any type of health insurance or disability so all the medical bills were on him. He's also since gone back to work after his wrist healed up.

Burden of proof lies with him. He would have to show he was contracted, then paid, and being self employed as a contractor why he didn't have workman's comp. I'd just leave the ball in his court.

There may be an exclusion.

http://medc.michigan.org/services/workerscomp/
All private employers must have workers’ compensation coverage if:

1. They regularly employ three or more workers at one time; or
2. During the preceding 52 weeks, they have regularly employed at least one worker for 35 hours or more per week for 13 weeks or longer.

All public employers must have coverage.

Any other employer can voluntarily choose to buy workers’ compensation coverage. By doing so, the employer is protected against being sued in the event a worker is injured on the job.

Michigan has special provisions that apply to contractors, subcontractors and sole proprietors. Details on these provisions are in the appendix at the end of this booklet, or you may contact Michigan Department of Labor and Economic Growth, Workers’ Compensation Agency, Compliance and Employers Records Division at (517) 322-1195.


Contractors, Subcontractors And Sole Proprietors

A contractor could be legally responsible for paying workers’ compensation benefits to any injured employees of an uninsured subcontractor.

If you are a contractor, you can protect yourself from this responsibility by either:

* Obtaining documentation from the subcontractor that he/she has workers’ compensation coverage for his/her employees; or
* Securing a copy of the “exclusion form” (BWC 337) that the subcontractor has filed with the Bureau of Workers’ Disability Compensation. This exclusion form may be used by certain entities (such as sole proprietorships, partnerships, limited liability companies, and stock corporations) in which all employees have chosen to legally exclude themselves from coverage under the workers’ compensation statute.

For more information on compliance and exclusions, contact:

Compliance and Employers Records Division
Bureau of Workers’ Disability Compensation
Michigan Department of Consumer and Industry Services
Post Office Box 30016
Lansing, Michigan 48909
Phone (517) 322-1195
Website: http://www.cis.state.mi.us/wkrcomp/bwdc/cerdiv.htm

If you are a contractor, you should also be aware that you bear the burden of proving to your insurance carrier that your subcontractor is, indeed, a subcontractor and not your employee. As a general contractor, you can use the following factors or documentation to prove that your subcontractor maintains a separate business and is not acting as your employee:



* The subcontractor’s federal identification number.
* A copy of an “assumed name certificate filed with the county.
* A copy of the subcontractor’s “articles of incorporation” or partnership papers.
* A copy of the subcontractor’s IRS 1099 form, given in lieu of a W2 form.
* Evidence that the subcontractor maintains his or her own separate place of business; physically distinct from your place of business.
* Evidence that the subcontractor furnishes all of the materials and equipment necessary to perform the job tasks.
* A copy of a written contract that spells out the relationship between the general contractor and the subcontractor.
* Proof that the subcontractor can realize a profit or suffer a loss as a result of the services rendered.
* Proof that the subcontractor has the right to hire or fire its employees without securing permission from the general contractor.

The following factors may be used to determine if the subcontractor holds itself out to, and renders service to, the public:

* The subcontractor is listed in the yellow pages and/or advertises in newspapers, trade journals, on television or on the radio;
* The subcontractor is included on a list of other general contractors or individuals who have recently hired the services of the subcontractor.
* The subcontractor performs specific services for prices that are agreed upon in advance, and the subcontractor pays expenses incurred in the performance of those services.

Other factors to be considered include:

* A sworn statement from the sole proprietor that the sole proprietorship has no employees,
* A sworn statement that the subcontractor does not primarily depend upon the payments from one general contractor for his/her livelihood.

In summary, the general contractor has the burden of proving to the insurance carrier that he/she should not be charged a premium for a subcontractor (and for the subcontractor’s employees) because that subcontractor is legitimately either an independent contractor with no employees or is an independent contractor who has current workers’ compensation coverage for its employees, or its employees are legally excluded from coverage.

If you are a general contractor or an independent subcontractor and you have questions about your status and whether or not it is wise for you to either obtain coverage or exclude your business from coverage, you might consult an attorney and/or insurance agent about the comparative benefits and responsibilities of either option. You can also get assistance by calling:

Compliance and Employers Records Division
Bureau of Workers’ Disability Compensation
Michigan Department of Consumer and Industry Services
Post Office Box 30016
Lansing, Michigan 48909
Phone (517) 322-1195
Website: http://www.cis.state.mi.us/wkrcomp/bwdc/cerdiv.htm