How to Handle a Job Site Accident Claim
If you have been the victim of a workplace accident, you may run into conflicting messages about how your claim ought to be treated or whether you even have the right to seek compensation. Here are a few things you should know before you head to a meeting with a job site accident lawyer.
Workers' Comp vs. Personal Injury
There are two basic ways a claim might be pursued. First, there is the more traditional approach of going through the workers' compensation system. Second, you may have to file a personal injury claim.
Generally, workers' comp is for folks who are employees of a particular company. For example, an apprentice to an electrical contractor would likely pursue a comp claim through their employer's insurance policy and the state. An exception might arise if the worker had been the victim of the negligence of another party at the worksite. Then they might have to pursue a personal injury case.
Is a Contractor Considered an Employee?
One of the sketchier things that happen at some businesses is the abuse of the 1099 independent contractor system. Many businesses opt to skip out on paying workers comp insurance. Typically, a worker is considered a contractor only if they have the right to refuse assignments and to make their own hours.
If you were expected to show up at 9 a.m. every weekday for three months straight, for example, you were legally supposed to be treated as an employee. Even if your employer didn't pay for workers' compensation insurance, they may still owe you as part of a comp claim. It's always wise, however, to consult with a job site accident attorney before moving ahead with a claim.
What About Other On-Site Parties?
Not everyone at a job site is an employee or a contractor. For example, a prospective real estate investor might visit a location to see what the state of a construction project is. If that person ended up injured, they'd likely have to file a personal injury claim.
Strict Liability
Another scenario that may lead to a personal injury lawsuit is when someone subject to strict liability causes an injury. For example, licensed explosives experts handling demolition work are almost always subject to strict liability. In a scenario where someone at the job site had been injured by an explosion, the case would likely be treated as a personal injury and the main question would be whether the incident was caused by the explosion.
