When a workplace injury involves a subcontractor, liability and compensation can become unclear. The situation can get more complicated if additional negligent third parties, like the general contractor or property owner, are also involved.
Navigating these claims can be tricky. In Illinois, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
How Subcontractor Relationships Complicate Workplace Injury Claims
Subcontractor relationships complicate subcontractor workplace injury claims in Illinois by making it difficult to determine liability. A worker might be injured by a subcontractor from a different company or their own, and if they’re found partially at fault, Illinois’s contributory negligence rule can reduce or prevent compensation. The unclear chain of command, involving general contractors, various subcontractors, and property owners, further complicates identifying responsibility for the injury.
Subcontractors bear the greatest risk in construction. In 2023, 60% of fatal accidents in Illinois involved workers from Specialty Trade Contractors.
Multiple Contractors
When there are multiple subcontractors working on the same job site, it can be challenging to determine who is responsible for an injury. An incident might be caused by a subcontractor from a different company, complicating the issue further. It’s possible that multiple contractors played a role in the accident, sharing the liability, or if one is primarily responsible, identifying the correct contractor can become difficult due to the involvement of others.
Ambiguous Liability Due to Multiple Parties
Workplace injuries can involve multiple parties. The injured worker may share some blame, but responsibility could also fall on others, such as the employer, if safety measures or tools are inadequate, subcontractors who neglect their duties, or the property owner who fails to maintain a safe environment. As multiple factors often contribute to an accident, identifying who is at fault can require a detailed investigation. It’s common for more than one party to be accountable for the incident, and the level of fault of each party must then be determined.
Determining Who Is Financially Responsible After a Subcontractor-Related Injury
When a subcontractor gets injured, their immediate employer is usually responsible for providing workers’ compensation benefits. However, who pays for subcontractor accidents may include the general contractor or property owner, especially if their negligence played a role in the accident.
Workers’ Compensation Claim
In workers’ compensation claims, if the injured party is an employee of a subcontractor, they file through their direct employer’s insurance. In Illinois, a general contractor is considered a “statutory employer.” If a subcontractor lacks insurance, the general contractor must pay the injured employee’s benefits and can seek reimbursement from the subcontractor later.
Third-Party Liability Lawsuits
In Illinois, an employee who is injured on the job cannot sue their direct employer, as workers’ compensation is the only legal remedy. However, they have the option to pursue a personal injury lawsuit against a third party whose negligence played a role in their injury. Third parties who might be held financially liable in such a claim include:
- General Contractors: A general contractor may be held accountable if they exercised control over the methods used by subcontractors, monitored the entire project, knew about hazardous conditions, or if their own negligence, such as failing to ensure safety or making a poor hiring choice, contributed to the incident.
- Property Owners: An owner might face liability if they were careless in maintaining their property, neglected to alert others about known hidden dangers, or created unsafe conditions themselves.
- Other Subcontractors/Contractors: If another contractor or subcontractor at the site acted irresponsibly or broke safety laws, resulting in an injury, they could also be held liable.
- Manufacturers: Should the injury stem from a flaw in equipment, machinery, or tools, the manufacturer might be liable via a product liability claim.
Determining financial responsibility in a personal injury claim involves several key factors. The focus is on which party controlled the work or safety protocols related to the injury. It’s also necessary to show that another party owed a duty of care and breached it through negligence, like ignoring safety warnings or using faulty equipment. Supporting evidence is necessary, along with contracts between the general contractor and subcontractor that detail roles and responsibilities.
Steps to Take When Your Workplace Injury Involves a Subcontractor
If you’re injured at work involving a subcontractor in Illinois, seek medical attention immediately, even for minor injuries, to ensure proper treatment and documentation. Next, notify your employer in writing as soon as possible to create an official record. Fill out a formal incident report and keep a copy for your records.
Be sure to document everything related to the incident. Take photographs of the scene where the accident occurred, your injuries, and any equipment involved in the situation. Collect contact details from any witnesses who may have seen the accident take place, and keep a file of all medical records, correspondence, and accident reports. This documentation should also include any relevant information about a pre-existing injury.
Make sure to prioritize your health and document the accident. Then, file a workers’ compensation claim with your employer to cover medical expenses and lost wages. If a subcontractor or other party’s negligence contributed to your injury, consider a third-party liability claim for additional compensation not covered by workers’ comp.
It’s wise to consult a workers’ comp attorney for subcontractor injuries. Your workers’ compensation lawyer can guide you through your legal rights and options, including managing requests for independent medical exams, filing a workers’ comp claim, or pursuing a third-party liability claim. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for help with your claim.
Frequently Asked Questions
Can I file a Workers’ Compensation claim and a third-party liability claim at the same time?
In Illinois, you are generally entitled to pursue both claims simultaneously. This can maximize your total compensation, as the third-party claim can recover damages unavailable through workers’ compensation.
What is a Third-Party Liability Claim, and how is it different from Workers’ Compensation?
A third-party liability claim is a personal injury lawsuit against a non-employer entity responsible for your injury. Workers’ compensation covers medical bills and limited lost wages, but does not allow lawsuits against employers.
What is the deadline for filing a Third-Party Liability Claim?
In Illinois, you have two years to file a third-party liability claim for personal injury from the injury date. This is shorter than the three years allowed for Workers’ Compensation claims. Failing to meet this deadline can prevent recovery for non-economic damages like pain and suffering.
