Who is Liable for Injured Subcontractors?

As construction projects continue to increase in the Fort Lauderdale area, so do the number of injured workers on these sites. While many of these construction sites may be in compliance with local and federal safety laws, workers still put themselves at risk for serious injury every day.

In most cases, if a construction worker is injured at the workplace, he or she could be eligible for financial compensation, regardless of who caused the accident. This includes subcontractors who may not have been hired directly by the property or site owner. However, you may need the assistance of a qualified lawyer to help you pursue the full and fair amount of compensation you may legally deserve.

The law office of Frankl Kominsky Injury Lawyers offers complimentary initial claim reviews to help determine whether you may legally deserve financial compensation. Our award-winning lawyers have extensive knowledge and experience working with construction accidents and Florida Workers’ Compensation Laws. 

Read on to learn more about construction site injury laws in Florida and who may be held liable if a subcontractor is injured at work. 

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 attorney 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

While you may be able to seek financial compensation for psychological and/or emotional suffering in a third-party claim, this type of coverage is not usually awarded in a workers’ compensation claim, unless a physical injury occurs and results in a psychological disorder. For example, a traumatic brain injury can lead to loss of function, memory loss, or permanent disability. 

Since you may need to file a workers’ compensation claim in addition to a third-party claim, it could become cumbersome without the help of a legal professional who has experience handling multiple claims. It would be wise to let your lawyer handle these claims on your behalf so you can rest and recover, rather than dealing with the complexities of the legal process.

Speak to a Licensed Attorney to Learn Your Rights

If you or a loved one was injured or killed in a construction accident, it is important to speak to a licensed attorney to learn your rights and pursue the full and fair amount of financial compensation you need to make a full recovery. 

Florida law recognizes that many hard-working contractors and subcontractors put themselves at risk for serious injury every time they go to work. Workers’ compensation laws are designed to provide coverage to workers who were injured on the job, regardless of who caused the accident. Surviving family members who lost a loved one in a workplace accident may be eligible for funds to pay for medical costs, loss of future income, funeral and burial costs, and other work-related benefits. This is why you need to speak to a licensed attorney who knows how to accurately determine your claim’s worth.

At the law firm of Frankl Kominsky Injury Lawyers, our distinguished attorneys have in-depth knowledge of workers’ compensation laws involving construction accident injuries. We know how to help you build a strong case and hold employers liable for damages sustained at the workplace. 

Our firm has helped our clients recover more than $100,000,000 combined in successful verdicts and settlements. We aim to protect the rights of the injured in Fort Lauderdale and throughout Broward County to ensure they get the legal help they need for a speedy recovery (by appointment only).

Call our team of legal professionals today and schedule a no-cost, initial consultation with a licensed lawyer. You will not be obligated to retain our services and your information is kept private at all times, so there are no risks involved. Learn your rights to seek the financial compensation you may legally deserve by contacting Frankl Kominsky Injury Lawyers today.

The law firm of Frankl Kominsky Injury Lawyers is available 24/7. Call us anytime at (561) 800-8000.

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