Injured Construction Subcontractor? Don’t Give Up on Work Comp Benefits Too Soon

Injured construction workers employed by small subcontractors often face a unique, but not insurmountable, challenge in getting workers’ compensation benefits. Even though subcontractors supply a large proportion of the labor on most construction sites, they often do not carry workers’ compensation insurance. Some contractors are not required to carry worker’s compensation insurance because they have fewer than three employees. And many others simply choose to ignore the requirement. Consequently, injured construction workers often give up on pursuing a claim when they find out their employer is uninsured. But a skilled workers’ compensation attorney can help the injured subcontractor get benefits by invoking Georgia’s “Statutory Employer” law.

The statutory employer law says that if the immediate employer does not have workers’ compensation coverage, the injured worker can look to the intermediate employer and then to the general contractor. This rule does not allow multiple recoveries for the injured worker, but it does provide a way to find workers’ compensation coverage. Also, if the subcontractor had three more employees and should have had workers’ compensation insurance that employer may be required to reimburse the contractor/employer who does provide the benefits. 

The statutory employer doctrine is great for providing coverage for subcontractors, but this type of claim can be complicated.  If you are injured on a construction site and find that your employer does not have workers’ compensation insurance, give us a call. We can help. Your initial consultation is always FREE, and we only get paid when you do. Call (770) 534-5265.