Legal Question in Workers Comp in Massachusetts

I am being sued by someone i was doing a roofing job with.He was the supervisor on the job and accidently stepped on a peice of insulation that was hanging over the edge of the roof.He fell and sustained major injuries.I was being paid uner the table and so was he working for a general contractor. He is suing me for negligence saying that "if he had cut the insulation board back i wouldn't have stepped on it". I was in no way responsible for his mistake in judgement and not looking where he stepped.He has more than double my experience in the roofing industry and understands how dangerous the job is.Am i in any way shape or form liable for what happened to him and has anyone ever won a case against someone working under them?


Asked on 9/17/10, 4:20 pm

1 Answer from Attorneys
Jonas Jacobson Law Offices of Jonas Jacobson

You are probably being sued because, if he doesn't sue you, the general contractor's insurer may point the finger at you, and escape from the case without paying him. Also: if they blame you for the problem, then they abrogate a defense to the claim: that he was, himself, responsible for his injuries.

While you may not be particularly pleased with him, it might be worth telephoning him to get his position on the case. If he says simply that you are a necessary party to the action, and is generally apologetic about the fact that he is suing you, the version of events described above may be close to the truth. However, if he genuinely believes you are responsible, it may be time to lawyer up.

Truth be told, I would get a lawyer in any case. A lawyer may be able to get you out of this case at minimal expense. A judgment against you can be good for up to 20 years in Massachusetts.

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Answered on 11/07/10, 4:45 pm


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