Liability for a Subcontractor Injury
There are countless ways a subcontractor can sustain a serious injury while working at a construction site. Collisions with heavy machinery, falling objects, electrocution, and hazardous substances all pose a serious threat to hard-working Floridians that are trying to make an honest living as a subcontractor. Because these workers are at such high risk of injury, Florida law requires all construction contractors and subcontractors to carry Workers’ Compensation Insurance. If you are employed by a contractor or subcontractor and sustain a workplace injury, you could be covered under their workers’ compensation coverage. Since this is considered a no-fault type of coverage, negligence on the part of the worker does not affect the claim. However, when a contractor or subcontractor obtains workers’ compensation insurance, it means they are protected from personal injury claims when an employee is injured at the worksite.What Happens When There is No Insurance?
Although it is illegal, sometimes contractors or subcontractors may not obtain the necessary workers’ compensation insurance required. When this is the case, liability moves up the chain to the next contractor who is responsible for the work agreement. This is because Florida law recognizes subcontractors and employees working with a contractor as part of the same business or enterprise. Eventually the general contractor may be held liable for any injuries sustained at the worksite. This is why it is important for all contractors to ask all subcontractors for proof of valid workers’ compensation coverage. Injured workers could be eligible to receive funds for medical expenses, lost income if you were forced to miss work, and other damages related to the incident. However, it is always a good idea to discuss your claim with a knowledgeable work accident attorney in West Palm Beach who has experience working with cases like yours. You could be selling yourself short by settling for less compensation than you may legally deserve.What is a Third-Party Claim?
Depending on the cause for injury, subcontractors may need to file a third-party claim to seek the full amount of compensation they need for a healthy recovery. For example, if it is determined that your injury was caused by a defective piece of construction equipment, you may be eligible to file a defective product or product liability claim against the manufacturer. Injury victims who file a third party claim may be able to seek compensation for:- Past, present, and future medical bills not covered by workers’ compensation.
- Loss of income and other work-related benefits not covered by workers’ compensation.
- Pain and suffering at the time of the accident and during the recovery process.
- Permanent disabilities
- Physical scarring and/or disfigurement/serious burns
- Difficulty performing daily activities and living a normal life
