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Can I be held responsible if a contractor's subcontractor is injured?

Question

Can I be held responsible if a contractor's subcontractor is injured?

Answer from Construction Brain

Yes, as an Ottawa homeowner, you can potentially be held responsible for subcontractor injuries on your property, but there are specific protections available under Ontario law.

The key protection is ensuring your contractor has valid WSIB (Workplace Safety and Insurance Board) coverage and provides you with a clearance certificate. Under Ontario's Workplace Safety and Insurance Act, if a contractor has WSIB coverage, you're generally protected from personal injury lawsuits by their workers or subcontractors.

However, you could still face liability if the contractor doesn't have proper WSIB coverage, if you're found negligent in creating unsafe conditions, or if you directly hire workers as employees rather than independent contractors. This is why verification is crucial before any work begins.

Protecting Yourself in Ottawa

Before hiring any contractor in Ottawa, always request and verify a WSIB clearance certificate at wsib.ca/clearances. This certificate confirms the contractor is in good standing and their workers are covered. The contractor should provide this automatically - if they can't or won't, that's a major red flag.

Also verify that your contractor carries liability insurance (minimum $2 million is standard) and ask to see the certificate. For electrical work, confirm they're a Licensed Electrical Contractor through esasafe.com/contractor-locator, and for gas work, verify TSSA certification at tssa.org.

What About Your Home Insurance

Contact your home insurance provider before starting any major renovation work in Ottawa. Most policies have specific requirements for contractor work, and some may require additional coverage during construction. Your insurer needs to know about the project and may want to verify the contractor's insurance coverage.

Red Flags to Watch For

Be especially cautious of contractors who ask you to pull permits yourself, want payment entirely upfront, can't provide WSIB clearance, or suggest hiring workers directly to "save money." These are common ways homeowners unknowingly become employers rather than clients, which dramatically increases your liability exposure.

If Something Goes Wrong

If an injury does occur on your Ottawa property, immediately contact your insurance company and document everything. Don't admit fault or make statements about what happened. The City of Ottawa Building Code Services (613-580-2424) may also need to be notified depending on the severity and circumstances.

The bottom line: proper contractor vetting and documentation upfront protects you from most liability issues. Always verify WSIB coverage, insurance, and proper licensing before work begins. It's much easier to prevent problems than solve them after an injury occurs.

AI-Generated Response | Ottawa Construction Network
AI-Generated Content

This response was generated by Construction Brain, an AI assistant. While we base our answers on industry standards and local Ottawa/Ontario requirements, please verify all current regulations, codes, and requirements from their respective sources:

For project-specific guidance, request a free consultation with our team.

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