Workers Compensation for Sub-Contractors and Contractors: Who is Responsible?

Have you ever been hurt on a job or at work? What if you were hurt while running an errand for an employer? Workers compensation laws and claims can differ from state to state and can be a little complex depending on the situation as well as the accident that occurred.

Workers compensation benefits can also vary between contractors and sub-contractors. If you work on an independent basis or are an employer that sub-contracts for particular jobs and an injury or accident has occurred, and you are considering seeking legal advice and guidance, then this article is for you.

Workers compensation benefits in West Palm Beach FloridaMost would think that typical laws and regulations pertaining to workers compensation don’t really apply to contractors or sub-contractors, since they should be responsible for their own health benefits and insurance.

However, in some cases, contractors and independent workers who perform work for a sub-contractor are still entitled to Workers compensation benefits.

In fact, for those independent workers who work on construction job sites, because of the dangers and potential hazards involved in these types of jobs, Florida state law mandates that all contractors and sub-contractors maintain Workers compensation coverage if they are involved in construction.

Workers Compensation for Employers and Subcontractors

This means that under that law, if you are a contractor or a subcontractor, obtaining Workers compensation coverage for employees also protects an employer or business from personal injury claims or other lawsuits if a worker is injured on a particular job. If you are an employee of a contractor or subcontractor, and you are injured at work, Workers compensation is provided to you through the employer’s insurer.

What Happens if a Sub-contractor Does Not Have Workers Compensation Insurance?

Although Workers compensation is mandated through Florida state law, as mentioned above, some sub-contractors still do not have Workers compensation for themselves or their employees. As a result, one of the big questions is what happens if an injury or accident occurs and a sub-contractor does not have Workers compensation insurance? If an employee is injured from a work-related accident, then medical care, costs, and even lost wages and benefits then fall on the responsibility of the next party in line that entered into a work agreement or contract with the sub-contractor.

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Regardless of an employee’s work status—such as exempt, non-exempt, temporary, and so on—subcontractors that enter into any form of work agreement or contract are automatically considered a responsibility for that particular enterprise or business. For independent contractors who enter into contracts and work agreements with businesses, it is essential that they inquire whether Workers compensation is provided before performing any work.

You Need Professional Guidance for Work-Related Injury in Florida

If you have recently been injured due to a work-related accident and you are an independent contractor for another business or enterprise, particularly one without Workers compensation benefits, feel free to call the Law Offices of Scott J. Sternberg and Associates today at 561-687-5660 for a free consultation and case evaluation.

A member of our professional legal team will review the details of the accident, discuss the details of a potential case as well as the options, and even organize a case in effort to obtain a proper settlement that is fair and just. The professional Workers’ Compensation attorneys at the Law Offices of Scott J. Sternberg and Associates are experienced in working with injured contractors and Workers compensation claims in the state of Florida. See how we can help you.

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