A Worker got Bee'd on my property (PHX,AZ), can they sue and have a case?

[slartibartfast]

What is the name of your state (only U.S. law)?
Phx AZ.

I hired a yard company to de-weed, trim, mow, etc. my south american rain forest I had blossoming in my back yard.

I come home and find it 98% done, save for a patch of debris in the corner of my yard guarded by a swarm of killer bees (never saw that before!).

I get a message from the yard guy who says his worker got stung and had to go to the ER. He's alive and my guess is he had no permanent problems.

They didn't sound like they were considering legal action but I'd like to know if they have a case.

As far as I know, there was no bee problem before they got there. Likely a bee flew onto my property, stung him, and his swatting and whatnot caused a swarm to collect (see killer bees wikipedia entry for details).

Even if there was a hive there, I didn't put it there, those little *******s just showed up and started squatting!

And why the heck are they hanging out on my property?! didn't global warming or whatever kill all the bees? I hate bees!!! [this question is rhetorical]

I sent the owner of the company this email this morning. I didn't want to apologize even though I really wanted to as that can be an admission of guilt (stupid litigious society!.. no offense to all you lawyers ).

Mr X,

Thank you for the amazing job you and your company did on my yard. I understand one of your workers ran into a swarm of bees while on my property and had to go to the hospital. That's terrible! I had no idea I had a bee problem back there.

I'll attempt to take care of it myself sometime this weekend, if it requires an exterminator it'll be a bit longer.

As far as the work, I can rake the remainder of the debris in that area myself after I've taken care of the bee problem, but if you didn't do it already I'd like to hire you to put down some of the anti-weed herbicide you put down last time (or something more powerful, if you have some Agent-Orange lying around).

Please reply with your number or call me at XXXXXXX at your earliest convenience.

-Mr Me

 

[pattytx]

Is this a regular business or just a person or two you hired off the street? If the former, they should have Worker's Comp insurance for dealing with medical treatment for on-the-job injuries.

 

[slartibartfast]

Is this a regular business or just a person or two you hired off the street? If the former, they should have Worker's Comp insurance for dealing with medical treatment for on-the-job injuries.

It's a business. Although yard workers in phoenix tend to be.. uhhh... not hired through official channels.

Regardless, could a worker sue the owner of the site they were injured on in addition to claiming Workman's comp?

 

[FlyingRon]

It's a business. Although yard workers in phoenix tend to be.. uhhh... not hired through official channels.

Regardless, could a worker sue the owner of the site they were injured on in addition to claiming Workman's comp?

I don't know Arizona, but in many places they can't sue anybody else for the injury while receiving workman's comp.