Can I be liable if a contractor's worker gets hurt on my property?

Yes, as an Ottawa homeowner, you can potentially be held liable if a contractor's worker gets hurt on your property, but proper verification and precautions can protect you significantly.

The key protection in Ontario is ensuring your contractor has valid WSIB (Workplace Safety and Insurance Board) coverage. When a contractor has WSIB, their workers are covered for workplace injuries, and this generally shields you from liability. However, if the contractor doesn't have WSIB or if there are gaps in coverage, you could face a lawsuit from an injured worker.

Verify WSIB Coverage Before Work Starts

Always request a WSIB Clearance Certificate from any contractor before they begin work. You can verify this online at wsib.ca/clearances or by calling WSIB directly. The certificate should be current and cover the specific type of work being performed on your property. Don't accept expired certificates or promises that coverage is "in process."

For electrical work in Ottawa, your Licensed Electrical Contractor (LEC) should have WSIB coverage - verify their ESA license at esasafe.com/contractor-locator and confirm WSIB status. Similarly, for gas work, ensure your TSSA-certified technician carries proper coverage.

Your Homeowner's Insurance Considerations

Contact your home insurance provider before major work begins. Many Ottawa homeowners don't realize their standard policy may not cover contractor-related injuries, especially for larger renovations. Some insurers offer additional coverage for construction activities, while others may require you to be added to the contractor's liability policy.

Additional Liability Risks to Watch For

Even with WSIB coverage, you could still face liability if the injury results from a dangerous condition on your property that you knew about but didn't disclose. For example, if you know about unstable flooring or electrical hazards and don't warn the contractor, you could share responsibility for any resulting injuries.

Subcontractors present another risk. Your main contractor might have WSIB, but their subcontractors might not. Always ask who will be working on your property and verify that all workers are covered.

Red Flags That Increase Your Risk

Be extremely cautious of contractors who can't provide WSIB clearance, offer significantly lower prices (often because they're skipping insurance costs), pay workers in cash, or seem evasive about insurance questions. These are classic signs of unlicensed or underinsured operators who put you at financial risk.

Document Everything

Keep copies of all insurance certificates, WSIB clearances, and contractor licenses. Take photos of your property's condition before work begins. This documentation can be crucial if any disputes arise.

For major renovations requiring City of Ottawa permits (613-580-2424), the permit process itself provides some protection by ensuring licensed contractors are involved. However, the permit doesn't guarantee insurance coverage - you must verify that separately.

The bottom line: A few minutes spent verifying WSIB coverage and insurance can save you from potentially devastating financial liability if someone gets hurt during your Ottawa renovation project.