Working on a construction site is undeniably one of the more physically demanding and dangerous jobs in the United States. From bodily injuries, disabilities, or even fatal accidents
Freeburn Law attorneys are certified specialists in workers’ compensation laws and construction cases. When you, or a loved one, have been in a construction accident, compensation is available to you to provide financial support during this difficult time.
What Does It Mean to Be a Subcontractor?
A subcontractor, or an independent contractor, is someone who is hired by the general contractor on a construction site to provide a service or skill that is specialized. They don’t fall under the terms of their other employees and it also means you don’t receive the same benefits as an employee.
Being a subcontractor, you don’t get the same coverage as employees in the case of an injury but that doesn’t mean that you don’t have the ability to make a claim. Claims can be filed after injuries on construction sites for a multitude of reasons and the liable party isn’t always who you think it is.
Understanding Your Rights as a Subcontractor
When you are injured on a construction site, as a subcontractor, you can start by filing a claim with your insurance and then consult with an attorney to evaluate if there are other steps toward compensation. To better navigate these workers’ comp claims, the state of Pennsylvania established a legal definition with a court ruling on the particulars that consider someone an “independent contractor” vs an employee.
If you are labeled as a subcontractor, know that you have the right to seek legal advice from an attorney. So they can investigate, if under this ruling, you would actually be considered an employee. You have the right to document your injuries, gather the evidence, and file the claims with an attorney because at the end of the day, you need to be taken care of physically and financially.
Workers’ Compensation Coverage
As a subcontractor who is injured on a construction site, the first thing your legal team will determine is if you are misclassified as an independent contractor. An experienced construction accident lawyer can review your case and determine where the coverage comes from. If you are truly classified as an employee a qualified attorney will be able to pursue a workers’ comp claim.
These are the questions that fundamentally start to show that you are truly a subcontractor. Independent contractors should have a resounding YES to these answers.
- Do you use your own tools?
- Are you free to perform other jobs at other sites?
- Do you work when and where you want?
If the general contractor who runs the construction site calls you an independent contractor but the nature of your employment feels like an employee, you are most likely incorrectly classified.
Third-Party Liability
A third party may be liable for your financial compensation. If you were on the construction site and a piece of large equipment malfunctioned and caused you injury, you will be able to file a claim against the manufacturer of the machinery.
Other parties to consider that are liable for your injuries:
- Property owners
- Other contractors
- Manufacturers
- Construction site visitors
- Truck drivers
No two accidents are the same, and with all the complexities that come with workman’s comp cases it’s important to allow your attorney to review your case as soon as possible. They will be able to determine the liability and guide you in the right path.
Workers’ Compensation vs. Personal Injury Lawsuit
If you are truly classified as an independent contractor, although you may not be eligible for all the benefits of workers’ compensation, you still have the opportunity to file a personal injury lawsuit. If someone else on the jobsite was responsible for your injury, especially in the case of negligence, your attorney will be able to help you file the lawsuit. Personal injury cases can be viable options because you can pursue damages that are non economic losses such as pain and suffering or diminished quality of life etc.
What to Do After a Construction Site Injury as a Subcontractor
Construction work is some of the most dangerous work occupations. We can prepare as much as we can for them but accidents happen.
After an injury on the job you should:
- Seek medical care if it’s an emergency
- Report the injury to the general contractor
- Fill out any incident reports and get copies for your records
- Document the accident with photos and videos
- Seek medical care if the injuries don’t require immediate attention
- Call Freeburn Law for a specialized attorney
If you’re injured on the construction site our attorneys can explain what to do, offer reliable legal advice and be with you every step of the way to navigate any claims you are eligible for.
How a Construction Accident Attorney Can Help
Due to the nature of construction work, injuries can be severe and in some tragic cases, fatal. In the aftermath of these incidents our experienced construction accident lawyers can protect your interests, and can commit to working towards financial compensation on your behalf. A construction accident attorney can help because they understand the severity of these accidents, the complex nature of the legal loopholes, and other avenues to justice that you can pursue.
Working with an attorney on your case they will be able to personally evaluate your specific case and do what is best for your compensation. While you focus on recovering they will be able to recover financial support in this trying time.
Contact us today to discuss your case with one of our experienced attorneys!
