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

Yes, as an Ottawa homeowner, you can potentially be held liable if a contractor's subcontractor is injured on your property, but your level of responsibility depends on several key factors related to WSIB coverage and insurance.

The most critical protection is ensuring your contractor has valid WSIB (Workplace Safety and Insurance Board) coverage. In Ontario, contractors are required to have WSIB coverage for their employees and subcontractors. When a contractor has proper WSIB coverage, injured workers typically cannot sue the homeowner - they're covered through the WSIB system instead.

However, you could face liability if your contractor doesn't have WSIB coverage, if they're working as an independent contractor rather than an employee, or if the injury is caused by a hazard you created or failed to address on your property. This is why verifying WSIB status is absolutely essential before any work begins.

How to Protect Yourself in Ottawa:

Before hiring any contractor, obtain a WSIB Clearance Certificate by calling WSIB at 1-800-387-0750 or checking online at wsib.ca/clearances. This certificate confirms the contractor is in good standing with WSIB and has coverage for their workers. The certificate is free and should be current (issued within the last six months).

Also verify that your contractor carries general liability insurance of at least $2 million. Request a Certificate of Insurance from their insurance provider - don't just take their word for it. This insurance should cover injuries to third parties, including subcontractors in certain circumstances.

Contact your own home insurance provider to understand your coverage. Many homeowner policies include some liability protection for contractors working on your property, but coverage varies significantly between policies. Some insurers require you to notify them of major renovation work.

Red Flags to Watch For:

Be extremely cautious of contractors who can't provide WSIB clearance, claim they don't need it, or say they'll get it "later." Contractors who pay workers cash, use day laborers without proper documentation, or can't provide insurance certificates pose significant liability risks.

Never allow work to proceed without seeing current WSIB clearance and insurance certificates. If a contractor brings additional subcontractors to the job, verify that these workers are also covered under the contractor's WSIB account or have their own coverage.

Ottawa-Specific Considerations:

For larger projects requiring City of Ottawa building permits, the permit application process helps establish the contractor of record. Contact City of Ottawa Building Code Services at 613-580-2424 if you have questions about contractor requirements for permitted work.

Remember that in Ontario, the Construction Lien Act requires you to hold back 10% of payments for 60 days after project completion. This holdback period also provides some protection if WSIB or other issues arise after the work is done.

The bottom line: proper WSIB coverage and insurance verification are your primary protections. Don't let cost-cutting on these essentials expose you to potentially devastating liability. A legitimate contractor will readily provide all required documentation.