Construction is a massive business in Florida. Whatever the reason for the construction, these projects require contractors and other workers to get the job done. There are laws on the local, state, and federal levels regarding worksite safety that affect you as a general contractor. If something goes wrong and a subcontractor is injured, you could be held legally responsible for their injuries. In these circumstances, you as a general contractor must know the rules and regulations for the location where you are performing a job to protect yourself from liability and the workers from harm.
Local Government And Personal Injury Lawyer
Even if you do everything right at a job, accidents still happen. To protect yourself before, during, and after accidents happen, it is crucial to have an attorney who understands the law at every level, from federal to local, to represent you. When you need representation, experience matters. The skilled personal injury attorneys at Koberlein Law Offices have the knowledge and experience you need to present the best defense. If you have a pending personal injury case involving a subcontractor or want to know more about the law, call us toll-free at 877.556.2889 or visit our website to schedule your initial case consultation.
General Contractor Liability For Subcontractor Injuries
In the construction business, there are countless ways that you can get hurt while working a job. Depending on the kind of job, the severity of injuries you could sustain can vary widely. Florida law requires that general contractors and subcontractors have workers’ compensation insurance. If an injury does happen at the worksite, even if the contractor or subcontractor caused their own injury on the job, they will still be eligible for workers’ compensation benefits. Even when workers’ compensation covers the worker, liability remains a primary issue.
Subcontractor And Contractor/Employee Insurance And Liability
When a worksite injury occurs, the first thing that happens is that the parties involved begin to assign blame for the injury. This process worsens when the injured subcontractor or contractor does not have the legally-required workers’ compensation insurance. Even though it is illegal in Florida for contractors and subcontractors to operate without holding workers’ compensation insurance, it still happens. When the worker or worker’s employer does not have that insurance, liability for the injury goes up the chain to the next entity responsible for the work agreement.
Why Does It Matter If Contractors And Subcontractors Do Not Have Insurance?
If someone working under you as a contractor does not have workers’ compensation insurance, you can be held responsible as a general contractor. You can potentially be held liable for a contractor’s injuries as a general contractor because Florida law considers subcontractors and employees under you as the same business. Because Florida considers these workers as in the “same business” as you, this makes it critical that you verify that subcontractors, contractors, and their employees hold workers’ compensation insurance before beginning work.
What Other Issues Can I Expect If An Injury Happens On The Worksite?
The ways you can get hurt on a worksite are nearly limitless. Even when nothing goes wrong, the probability of harm on a construction site is still incredibly high. Depending on the worksite, the level of danger you and those on the worksite face can vary. One kind of injury can come from defective equipment or materials. In Florida, workers harmed on a work site by defective products or equipment have to bring a case against the manufacturer or distributor of those products. This kind of case is called a products liability case.
In a products liability case, the injured worker must show that there was an issue with the material or equipment, that there were inadequate warnings, or some other condition relating to the product’s manufacture was the cause of their harm. Depending on what kind of defect has occurred or the type of material or equipment, these cases may involve warehouses and distributors that sold and distributed construction objects in question. However, even if the workers’ injury results from a defect, you might still be involved in the litigation and investigation of the worker’s claim. Often in these cases, the manufacturer of the construction paraphernalia will attempt to escape liability in a few ways.
One of the first tactics is to show that the worker was adequately warned that they could suffer harm when using or interacting with a particular product. Another tactic is attempting to prove that the worker used the material or equipment in a way that they shouldn’t have, which caused their injury. The manufacturer or distributor might also attempt to show that some other action or condition unique to the worksite, like improper maintenance, was the cause of injury. Even if none of these issues involve you as the general contractor, you may still be involved in the litigation for a long time and even subject to liability if the manufacturer or distributor successfully convinces the Court that you are responsible.
Hiring An Attorney
The litigation process can be complicated and confusing, with many obstacles. Because general contractors are subject to laws at all levels of government, it is vital that you know the laws that affect you and your business. To learn more about your potential liability relating to injured subcontractors in Florida, it is wisest to seek legal counsel from experienced Florida general contractor attorneys. The attorneys at Koberlein Law Offices know the local laws and are ready to represent you. Call us toll-free at 877.556.2889 or visit us at our website to learn more.
