Who Is Liable When An Independent Contractor Is Injured While On A Job?

Hiring an independent contractor is crucial, especially in large construction projects. According to HawkLaw, P.A, there are multiple benefits of choosing an independent contractor. The biggest benefit of them all is that you don’t have to make any long-term commitment. There are numerous monetary benefits of hiring an independent contractor as labor laws for them are quite different. This can save you a lot of resources in the long run. There are legal benefits of hiring an independent contractor too. You don’t have to offer them long-term medical and dental insurance.

However, you may still be held liable if an independent contractor that you hired gets injured on the job. In such a case, you might require the help of an attorney who can save you from an expensive lawsuit. It’s best that you seek a decent attorney who specializes in tort law, as most of these workplace injuries come under that law. You can also research law firms on your own, and choose one that suits your budget as well as needs.

When The Employer Is Responsible For The Injury

You can be held responsible for the injury of an independent contractor you hired in certain cases. This is especially true if the injury caused was due to poor or hazardous working conditions. At times, an employer’s negligence can lead to a worker’s injury. In such cases, the worker can sue for damages. The same is true for an independent contractor. Even if it was the fault of the independent contractor themselves, you can still be held responsible. Chances are that the contractor will sue and have a lawyer by their side to make their odds of winning favorable. A decent lawyer can still win them the case even if the injury caused was because of their own mistake.

In order to avoid such a scenario, you will have to take some preventive steps. First of all, you should try and make the workspace a bit safer for everyone. After all, prevention is always better than cure. You will save yourself the headache of a lawsuit, and won’t even have the need of hiring a lawyer. If the judge and jury decide that you had taken enough precautions beforehand, they might let you off easy.

When The Contractor Is Responsible For The Injury

When employers hire unlicensed contractors for cheap, they can be held liable for injury caused to them. The first thing that you should do while hiring an independent contractor is to make sure that they are licensed. You won’t be liable for any workplace injury if you have hired a licensed contractor and informed them of the dangerous nature of the job beforehand. Apart from that, if you had taken enough preventive measures before the injury had occurred, you should have your attorneys point that out in the court of law. With a decent attorney by your side and these preventive measures taken, it’s highly likely that you won’t have to worry about being held responsible for any injury caused to the independent contractor that you hired.

Tort Law

Workplace injuries caused due to the negligence of the employer come under tort law. Tort law ensures that an injured individual gets compensation when they are harmed due to the direct or indirect negligence, lack of action, or malicious intentions of another party. There are various types of cases that come under tort law, from slip and fall to car accidents. Workplace injuries are one of the most common types of cases that come under this law. Thus, it’s important that you seek a lawyer who is well-acquainted with this law.

Insurance

Another important factor to consider if such a scenario should occur is insurance. If your independent contractor isn’t insured, which is highly unlikely if they are licensed, your insurance company will have to pay for the damages. Thus, it’s important that you have property insurance. Otherwise, you may have to pay them from your own pocket. Your attorney can help you a great deal when it comes to dealing with insurance agents. Attorneys usually have amazing negotiation skills, and they are usually experienced in dealing with insurance companies.

The bottom line is that you should always have a lawyer on your payroll if you tend to take up big projects. If such a scenario should occur, you will need the help of a professional lawyer. It’s better to have one whom you trust before any workplace incident occurs.