2015-07-23

The brother-in-law gets hurt while fixing your roof

Broken arm in a cast Articles in this section are of general information and in every situation are subject to the application and interpretation of a law, rule or factual situation that may differ. Consult us for any specific question.

You own a single family home and seek the help of gracious friends and of your brother-in-law to redo the roof. Alas, he gets seriously injured on that day. Can your brother-in-law turn to the CSST to be compensated for this accident?
 
No. As you are not an employer under the Act Respecting Industrial Accidents and Occupational Diseases and that he and your friends are not employees within the meaning of that Act, the CSST has no jurisdiction to compensate the wounded participant, since the CSST applies to employer/employee relationships when it compensates workplace accidents.

Your liability as home owner

However, the brother-in-law may turn to you, the home owner. It would then become a case where you’ll need to inform your liability insurer of the accident. WARNING: if the insurer had not been informed of the work beforehand, it is possible that they deny the building owner coverage for this accident, given the undisclosed risk.

Are you a licensed contractor?

Also, CAUTION: If the building owner is a licensed contractor and uses his employees as volunteers, they could be considered as workers even if they were not paid.
 
Should you have questions regarding renovations on your property, please contact us.