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Non-Subscribers to Workman’s Compensation
Non-subscribers of workman’s compensation insurance have a different set of variables involved in their lawsuits. When dealing with non-subscribers, you are much more likely to get a company that will not settle immediately for the fact that they are protecting their own money and resources. They are more likely to aggressively defend themselves against such accusations that may be levied against them. When a claim is filed against a non-subscriber, they have the chance to settle out of court, but if they do not, the injured party, or plaintiff, has the burden to prove that an injury did occur at the hands of the company. Fortunately, the level of proof is much lower than that of subscribers to workman’s compensation insurance.More on this webpage
Defining Sole Proximate Cause
The main obstacle to overcome regarding non-subscribers is the lone defense that they can legally employ sole proximate cause. Sole proximate cause is when a person is one-hundred percent responsible for their own injuries. In such cases, the company, or defense, will hire specialized attorneys who are skilled at shifting the blame to the injured worker. They will try and show that the cause of the accident was completely due to the actions of the injured individual and not because of the company. This of course can be a difficult proposition for the defense, since they have to prove one-hundred percent. This makes non-subscriber cases advantageous for the plaintiff. If you have been injured in a construction site accident, it is important to have the advice of a qualified construction accident attorney to help you decide if you have a viable case against a non-subscriber. Give our Law Office a call today toll-free and receive your free consultation.
Contract Labor Versus Company Employer
Although the sole proximate cause defense is the only legal defense afforded to a non-subscriber, it is not the only defense period. Often companies in an attempt to avoid lawsuits in the first place will hire contract labor. With contract labor, there is not the same legal liability involved in the case of an on-the-job accident. This allows the construction company to avoid its responsibility more easily.
By definition, contract labor is labor that is hired on a per-job basis and in which no tools are provided and no specific times to work are given. In addition, no supervisor is supposed to give direct orders on how to complete the task. These definitions along with several others make up the contract employee–company relationship. By contrast, the employer of a company is legally more protected and the company has much more legal liability in regards to him. The employer is usually provided his tools, told the time to work, and given instructional supervision of some sort.
However, companies will try and stretch the definition of a contract laborer to fit their needs. This is where the knowledge and know-how of a veteran construction accident attorney come in handy. Our Law Office can do the investigative research that will reveal the actual nature of the relationship between the company and the injured worker so we can help you develop a solid case.
Below is a list of definitions of which any will constitute an employer-employee relationship.
Withheld taxes on check
Important equipment or tools provided by the company
Set work hours
Direct inspection and oversight of work done
Taking a drug test or limiting your rights
Being employed for not only a single project but for an undetermined amount of time
You are not paid on a per-job basis but by the hour
If any one of these is applicable to your situation, you may actually be an employee of the company, even though they claim you are not. If this is the case, you may be entitled to sue and receive compensation for your injuries. Our Law Office can help you make that important determination. Give us a call today toll-free.