Can a Subcontractor Sue a Contractor for Injury

In Texas, there is a time limit on when you can file your assault lawsuit. The State has a limitation period of two years. This means that you have two years from the date the injury occurred to sue, unless the violation results in death. In this case, it is two years from the date of death. In most scenarios, all workplace accidents are dealt with by workers` compensation insurance. In New Jersey, workers` compensation is a “no-fault” system. This means that it is generally important that an employee or employer is responsible for an accident at work. The injured employee is entitled to coverage for his medical bills and a portion of his lost income. It is important that an injured subcontractor seek the assistance of an experienced construction lawyer as part of their case. There are many different factors that need to be analyzed when it comes to filing a lawsuit against a general contractor for injuries on a construction site.

Unfortunately, answers to these questions are usually only obtained after a lawsuit has been filed and the discovery has begun (exchange of information between all parties involved). If you or a loved one was seriously injured while working on a construction site, you should seek legal advice immediately. Morrow & Sheppard, LLP`s construction damage lawyers have represented many workers injured by the negligence of a general contractor and therefore know how to protect your rights. Call us today at (800) 489-2216 for a free consultation. If you are covered by a general contractor`s workers` compensation plan, you can still claim damages beyond what is available to you under their policy. However, the general contractor has other defences to refute or devalue your claim. For example, they may argue that you were at least partially responsible for your injuries, thereby eliminating or reducing their responsibility to pay for your injury. If the employer is subscribed to Texas Workers` Compensation, the employee is generally prohibited from taking legal action against their employer. However, this does not mean that other responsible contractors on the construction site are also immune from liability. Normally, the employee compensation plan exists only between the employee and the employer. The only exception is if a general contractor has a “Owner-Controlled Insurance Program” (commonly referred to as an “OCIP” policy) that provides workers` compensation benefits to all workers, regardless of who employs the injured worker at the time of the accident.

The notion of “retained control” is what could hold a general contractor liable for injuries sustained by the employee of a subcontractor. In Illinois, the control exception retained for workers` compensation laws is not specifically found in Illinois law. Instead, it is due to a common law principle that makes a subcontractor an independent contractor when a person other than his or her employer can perform his or her work. Proving the negligence of a general contractor and claiming damages is a difficult process. All evidence surrounding them, including the terms of the contract, the status of the construction site accident, and the role of the general contractor and subcontractors, must be considered when making the claim. A workers` compensation claim is a fault-independent claim, while a third-party claim depends on proof of the general contractor`s negligence. Through a claim to a third party, the victim can claim additional compensation that is not covered by workers` right to compensation. The general contractor may have an employee contract that extends to subcontractors, or it may not have one. If you are injured by someone else who works in the workplace and is not an employee, some workers` compensation plans may consider them employees for the purposes of the policy.

On the other hand, if your injury was caused by someone who is not your employer or co-worker (i.e., no employee claims), you should not have any restrictions on filing a lawsuit. Injuries at the site can occur in a variety of ways, ranging from falling objects and dangerous and defective products, to electric shocks, explosions and chemical exposures. In some cases, injured workers are limited to filing a workers` compensation claim. However, construction workers who are injured on the job may also be able to sue the general contractor. Given the interaction between employee law and personal injury law, construction accident cases can be complicated. However, in some cases, you will need more than workers` compensation to pay for the full extent of your injuries and losses, including your pain and suffering. In this situation, an experienced construction accident lawyer can help you determine if you have a valid legal claim against the general contractor, owner, other subcontractors, and/or another third party. A personal injury claim usually begins with a claim letter sent to the contractor`s insurance company. In this letter, your lawyer will explain the facts of the case, the legal reasons why the construction company is responsible for your injuries and will demand compensation.

Once the insurer has received this letter, the negotiation process can begin. If you present a successful personal injury case, you will likely receive some sort of damages. What type and how much depends on your specific injury and how it has affected your life. Typical damage in a personal injury lawsuit includes: Let`s say you have a framer working on scaffolding that will be seriously injured if the structure collapses. The worker is a subcontractor, and his employer erected the scaffolding, but did it wrong. This is because Florida law recognizes subcontractors and employees who work with a contractor as part of the same business or business.