Construction sites are dangerous places to work, which is why there are so many rules and regulations in place to keep workers and work areas safe. And while accidents can always happen, so can negligence. If a construction company fails to uphold safety standards, people can be seriously injured or even killed.
And as serious injuries often lead to hefty personal injury settlements, many construction companies will do anything they can to shift the blame (and financial burden) onto someone else. In this way, subcontractor liability insurance can help to keep subcontractors safe.
If you or a loved one has been involved in a construction accident, the skilled New York City construction accident attorneys at Schwartzapfel Lawyers can help. Call us now at 516-342-2200 for a free consultation, or visit us online to schedule your free case evaluation today.
How Does Subcontractor Injury Liability Work?
Construction workers put their safety on the line every day. Hardworking New Yorkers gear up and get to work, trying their best to follow safety guidelines. Rules and regulations exist to protect construction workers, but accidents and negligence can still lead to serious, and even deadly, injuries.
In New York State, construction employers are required to carry workers’ compensation insurance because of the risk of injury on the job. Here, the process is a little different for subcontractors than it is for contractors. Contractors must have their own workers’ compensation insurance, and subcontractors work underneath contractors.
Contractors have a choice: They can either verify that subcontractors have their own workers’ comp insurance, or they can provide workers’ comp to the subcontractors they hire. One way or another, subcontractors are required to be covered, and the contractors working above them are responsible for confirming their coverage.
What Kinds Of Injuries Does Workers’ Compensation Cover?
Workers’ compensation covers any injury related to work that takes place on a job site or while in the performance of job-related duties. So, if you hurt yourself at home and the injury worsens at work or in the performance of job-related duties, workers’ compensation may not cover it.
Note: You do not need to prove that someone is at fault for your injury in order to claim workers’ compensation. Workers’ compensation is intended to be used for any accident, illness, or injury that occurs in the workplace or in the performance of job-related duties, even if the injured party is solely to blame for what occurred or if no one is at fault. For example, if you strain your back carrying something heavy, workers’ compensation insurance can help.
That said, some injuries and illnesses may not be covered by insurance. And so, if your injury or illness isn’t covered, you may need to file a personal injury claim to recover financially.
If you or a loved one has been injured in the workplace, the skilled New York City construction accident attorneys at Schwartzapfel Lawyers are ready to fight you. Call us now at 516-342-2200 or visit us online today. In your free consultation, we’ll review your case and discuss all options. Don’t delay, call now!
What Happens If My Employer Doesn’t Carry Liability Insurance?
With limited exceptions, it’s illegal for a New York State employer to fail to obtain liability insurance. Workers are required to be protected, and if the person who hired them for the job hasn’t met the minimum requirements for insurance, they need to be reported. Remember, it’s not just you who they’ve placed in danger — it’s everyone who has ever worked for them.
Furthermore, workers’ compensation protects people even when their injury is due to their own fault. Moreover, when workers’ compensation isn’t available to an injured worker, they may be entitled to file a personal injury claim instead. To this end, when pursuing this kind of a claim, you may be eligible to recover for any injury that occurred on the property where you were working. Significantly, this can cover injuries that aren’t directly related to your job duties. For instance, if they happened on the premises, the accident may fall under the umbrella of premises liability in the eyes of the law.
How Does Personal Injury Law Work For Subcontractors?
If an injury is work-related and you’re covered by workers’ compensation, your claim generally must be processed through the workers’ compensation system. Workers’ comp provides liability protections that shield some people or companies from certain types of personal injury liability claims.
That said, the situation can be very different for subcontractors. This occurs when a company hires contractors for the job, and the contractors hire you as a subcontractor. The contractor’s agreement with the company that runs the project is not an agreement with you. The owner of the property or the project is considered a third party.
If the construction site was dangerously unmaintained and you experienced an injury as a result, you may be able to file a claim against the property owner under premises liability. As a subcontractor, it’s usually not your job to make sure the premises are safe or properly maintained, as those responsibilities likely sit higher in the chain of command.
How Are Damages Awarded In A Subcontractor Personal Injury Case?
If workers’ compensation isn’t available to you, your likeliest chance of recovering financially would be to file a personal injury claim. And unlike workers’ compensation cases, personal injury claims do assign fault.
In this scenario, a judge would review your claim to determine what portion of the damages should be assigned to you and what portion should be assigned to the other party (or parties) through a process called pure comparative negligence. Pure comparative negligence takes into account every detail of the accident, as well as any injuries or other damages caused.
For instance, if the person who hired you was supposed to supply protective eyewear but they didn’t, they may take a significant portion of the fault for your injury. Then, too, if they provided you with a dangerously malfunctioning or unmaintained saw, they may also be to blame for providing you with unsafe equipment.
In cases like this, the judge divides fault. At the end of the process then, it may be possible for you to be held 99% at fault and the other party only 1% at fault. If that happens, they’ll be responsible for 1% of your total damages.
What Should You Do If You’re Injured While Working As A Subcontractor?
If you’re injured at work or in the performance of job-related duties, you should seek qualified medical treatment without delay, even if you believe the injury is your fault. This is because a timely visit to a healthcare provider will not only serve you well in your physical recovery; it will act as proof of your injury and the events that gave way to it.
Next, once you are medically stabilized, you should call the skilled personal injury attorneys of Schwartzapfel Lawyers at 516-342-2200. Remember, to build a winning personal injury case or to file a successful workers’ compensation claim, you need to act quickly. To assist, our award-winning team is ready and able to fight for you — both in and out of court.
Are You A Subcontractor Who Was Injured On The Job?
As experienced New York City construction accident attorneys, the Schwartzapfel Lawyers legal team has more than (150) years of combined experience helping contractors and subcontractors succeed in their workers’ compensation and personal injury claims. And so, if you’re unsure of how to proceed, we’ll be able to provide you with personalized guidance during your free consultation.
So, please, don’t wait until it’s too late. Your future is too important to leave to chance. Instead, dial 516-342-2200 or visit us online to start recovering today.
One call could save you miles of headache, heartache, and financial strain down the road. That’s why you should act now and take control of your finances by having Schwartzapfel Lawyers fight – and win! – for you.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Workers’ Compensation Law in New York | The New York State Senate
Workers’ Compensation Coverage Requirements | New York State Workers’ Compensation Board
