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Generally, if there is not a work comp policy in place, you can indeed sue the homeowner. In fact your insurance company might choose to do so, with or without your cooperation! Likewise, if anyone up the chain of command has a work comp policy, that policy could be liable. If you work for a sub who doesn't have work comp, but the general contractor does, then their work comp is probably liable.
So... HOMEOWNERS! This is why it is so important for you to be sure that you hire a contractor who carries a work comp policy. And better yet, that contractor should ensure that it's subcontractors also carry a work comp policy. Otherwise, YOU can be sued by an employee, a subcontractor, the general contractor, or the health insurance company or other insurance company of anyone injured! Good luck on this.
One of my staff made this video to illustrate the situation: https://www.youtube.com/watch?v=H9-DXPigSXA
For what you will spend in time and effort on this type of repair, I would suggest you look at granite as an option. Many local fabricators are offering specials on material that (depending on your sq. feet) could be very close to what you spend on recovering in formica.
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