Independent Contractor Injury

Independent Contractor Injury – Who Is Responsible?

When an independent contractor is injured on the job, who pays the medical bills? For an employee, the employer pays the bills. But, for an independent contractor injury, there are usually other options. Here, we help you understand the basics of independent contractor injury cases.

Filing An Independent Contractor Injury Lawsuit

There is a tedious process that happens after an independent contractor injury. Here are the basic steps:

First, the status of the independent contractor is confirmed.
Thereafter, the managing general contractor will create a detail-oriented inquiry of accident.
Investigations discover who was managing the actions of the independent contractor

This step breaks down into two matters:

Who dictates the independent contractor’s actions? AND Did the negligence of others cause or contribute to the injury?

Get help with your independent contractor injury case. Contact a lawyer at Kane & Silverman to schedule a free consultation.

Independent Contractor or Employee?

Many states define when a worker is an independent contractor or employee. Additionally, some employers call employees “independent contractors” in an attempt to avoid paying benefits. But, this doesn’t mean the law sees them as independent contractors.

When it comes to an employee injury, the law is clear. Employers are responsible for employee injury costs and lost wages. But, an independent contractor injury case needs the help of an experienced lawyer.

Definition Of An Independent Contractor

In New Jersey, Hargrove v. Sleepy’s was the defining case. This case answered the “independent contractor or employee” question. The “ABC Test” specifies that a worker is an employee unless they fit 3 criteria:

A – The individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact;
B – The service is either outside the usual course of business for which such service is performed, or such service is performed outside of all the places of business of the enterprise for which such service is performed; and
C – The individual is customarily engaged in an independently established trade, occupation, profession, or business.

If the worker is an employee, the employer pays for the worker’s injury. This happens through worker’s compensation. But, if the worker is an independent contractor, it gets more complex.

Independent Contractor License

Most independent contractors need to have a valid contractor’s license. But, some types of independent contractors do not need any form of licensure. Some general contractors require all hired independent contractors to have a license. Additionally, an independent contractor doesn’t need a license to have a valid claim.

Insurance and Responsibility

General contractors typically carry large insurance policies to cover job site injuries. This coverage also often applies to independent contractors. But, many job sites need independent contractors to carry their own insurance too. This works to protect everyone on the job site.

Smaller construction sites may not have an insurance policy. Or, they may use a limited plan that does not cover all expenses of the injury.

Sometimes independent contractors work in people’s homes. In cases where negligent conditions cause an injury, there may be a case. Residential owners may be responsible for an independent contractor injury.

Independent Contractor Lawsuit Victory

A construction worker named Anthony Dos Santos was injured on a construction site in PA. The injury resulted in the amputation of his leg. An unsafe atmosphere and no supervisor on-site directly led to his injury. A steel beam crushed Dos Santos’ right foot. He received a $2.75 million judgment against the contractor and amusement park. While no amount of money will give Mr. Dos Santos his foot back, it can help him get the care he needs.