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Premises Liability for Worker’s Injury on Private Property

Who is Responsible When You Get Hurt While Working on Someone’s Property? Explained By the Best Premises Liability Accident Injury Lawyers

If you were injured while working on someone’s property, you may have a limited opportunity of recovering damages for your losses. One option is applying for Worker’s Compensation. This will help cover any medical bills or lost wages during the recovery process of the injury. In California, employers are expected to offer workers' compensation benefits to their employees. They must pay for workers’ compensation insurance from either a licensed insurer within the state or from the State Compensation Insurance Fund (SCIF). For all personal injury based inquiries, contact West Coast Trial Lawyers for a free consultation.

It is a requirement for all employers to buy workers’ compensation insurance, no matter how many employees they have. Having workers’ compensation will make it more convenient for an employee to get their medical treatment or recover lost wages covered if they became ill or injured on the job. 

If for some reason, the employer was not appropriately insured, then California’s Uninsured Employer’s Benefit Trust Fund (UEBTF) will replace the insurance company in order to pay off the workers’ compensation insurance benefits.

Qualifications for Workers Compensation

To be qualified for workers’ compensation benefits, you must:

  • Be an employee for a company who has workers’ compensation insurance, and 
  • Be injured at work or from job-related duties.

Regardless of whether you are a seasonal or part-time employee, you may still be granted workers’ compensation benefits. However, certain classes may be exempt from eligibility, including:

  • Temporary employees,
  • Domestic employees,
  • Undocumented employees,
  • Freelance employees, or 
  • Independent contract employees.

If you are working in a private home, you may still obtain eligibility for workers’ compensation primarily if your wagers are paid by the:

  • Agency,
  • Company, or 
  • General contractor.

Homeowner’s Insurance

Generally, property owners have homeowner’s insurance, which covers any damage done to their property, along with offering financial protection if a lawsuit proceeds. Business invitees are employees who are classified as domestic workers and work on conducting business-related duties on the individual’s premises. Licensees are identified as family members, friends, or visitors. Regardless of whether or not you are an invitee or licensee, you are given the right to be in a safe environment when you are in another individual’s home. 

Coverage On Injuries

There are two types of homeowner policies that cover for injuries:

  • Med-pay. This will cover your medical expenses that resulted from an injury. The injured employee is not required to show proof of the homeowner being negligent. Coverage ranges from $1,000 to $5,000. Pain and suffering will not be included in the coverage. 
  • Liability. This protects homeowners from any lawsuits from individuals who are not considered members of the household. There will be no liability claims paid by the insurance company except if there is evidence that the homeowner showed negligent behavior that caused the injury to occur. Generally, liability coverage ranges around $100,000 to $300,000. 

Homeowners’ insurance is exempt from injuries that are caused by:

  • Car accidents,
  • Intentional acts,
  • Sexual acts,
  • Criminal acts, or 
  • Violent acts against members of the household.

Showing Proof Of Homeowner’s Negligent Behavior

To prove that the homeowner you were working under exhibited negligent acts that led to your injury, you must show:

  • The homeowner being aware of the dangerous conditions existing or potentially existing,
  • The homeowner being aware of the need to repair the possible danger. However, they chose not to do so, 
  • The hazardous conditions of the premises,
  • You being unaware of the dangerous conditions, 
  • You not agreeing to assume the risks of getting injured on the job, and 
  • You not partaking in the factors that led to your injury. 

Available Damages

Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.

Economic Damages

Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out of pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. 

A few examples of economic losses include:

  • Loss of Earning Capacity
  • Medical Bills
  • Lost Wages

Non-Economic Damages

Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out of pocket losses. Non-economic damages may include compensation for:

  • Emotional Distress
  • Pain and Suffering
  • Loss  of Enjoyment of Life
  • Other Non-Economic Damanges

Punitive Damages

The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact are only incorporated in 5% of all verdicts.

Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.

If you believe that you were wrongfully neglected by a homeowner, which resulted in your injury, West Coast Trial Lawyers has skillful premises liability attorneys that will help you get the maximum compensation and justice you deserve. Our premises liability attorneys will commit to working on your case tirelessly to make sure that your expectations are met or exceeded. We offer a free consultation with the attorneys at our firm. No fees are paid until your case is settled. Reach out to our legal team 24/7 by calling (213) 927-3700 or emailing [email protected].


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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