Subcontractors are professionals who support general contractors in completing projects. They work to provide specialized services to a general contractor who oversees and manages a project.
But, when an accident happens, determining who is liable for the injured subcontractor may be somewhat surprising, and an Atlanta construction accident lawyer can help.
Contractors and Project Owners Could Be Responsible
A subcontractor is not an employee of the company providing the work, which means they do not have the right to workers’ compensation. Depending on what occurred, an injured subcontractor could seek legal action against the contractor they are working with, the project owner, or the property owner.
To determine who is liable in any situation, it is critical to consider the following factors.
- Employee status: If the person providing the job is considered an employee of the company, that means the contractor is responsible for their losses. If the state requires that a contractor maintain workers’ compensation insurance, based on the size of the company, then the employee can file a claim against the workers’ compensation coverage.
- The subcontractor could sue the contractor: In some situations, the subcontractor is not an employee but an independent contractor. In this situation, the subcontractor must seek legal action against the contractor for the mistakes or negligence that caused the injury.
- The property owner: In some situations, the property owner may be liable for the incident, especially if the property owner did not provide a safe environment or communicate about risks.
In these situations, it is critical to know what your rights are. The problem is every situation is vastly different. As a result, it is critical that you take the time to explore your case with the assistance of an attorney.
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When Can a Subcontractor Sue a Construction Company
There are some situations where a subcontractor may take legal action against the general contractor or the construction company they are working with to pursue recovery of damages. This is often the most common reason for personal injury lawsuits involving subcontractors being hurt. Some examples of when it may apply include:
- The contractor told the subcontractor to engage in behavior the contractor knew was dangerous.
- The contractor failed to follow necessary safety precautions and procedures, and that directly contributed to the injury.
- The contractor allowed access to an unsafe construction site without warning of the risks.
- OSHA violations were present.
- State laws that were not followed by the construction company for creating a safe site.
- Failure of the construction site to be maintained or arranged in a safe manner.
- Improper storage of equipment or materials that causes exposure to caustic materials or flammable chemicals.
If you believe a general contractor or construction company put you at risk due to any of these areas, it is critical to take proactive action. Contact an attorney on our team to gain insight into your legal rights. The sooner you act, the more likely we are to help you recover all of the damages owed to you, and our results page shows our record of success.
Other Potential At-Fault Parties a Subcontractor May Sue
If your situation does not fall into one of these areas, you may be a bit unsure if you have a case. Before you give up on your right to compensation, seek out the help of our legal team.
Other potential parties could be responsible for the injuries you have, including:
- Construction companies
- Construction site general contractors or third parties
- The property owner
- The safety gear manufacturer whose products failed
- The equipment or material supply
- Other independent contractors or subcontractors on the site
Understanding your legal rights is critical, and with our experience, we can guide you in pursuing fair compensation after your accident.
At John Foy & Associates, our personal injury attorneys have a strong understanding of local laws in Georgia that govern construction sites. There is no reason for a company to sidestep these construction codes when they are meant to keep you safe.
How Our Personal Injury Attorneys Will Help You
In situations where you are facing intense injuries, financial loss, and emotional trauma because of the mistakes of a property owner, construction company, or other parties, you need an advocate capable of fighting for you.
At John Foy & Associates, you gain a legal team that can provide several key services to you:
- Gather evidence: Because the site is often off-limits, it is critical to have an attorney who will help you gather evidence to support your claims and case. This is not simplistic for people to do on their own.
- Deal with the insurance company: Another complexity of subcontractor lawsuits is dealing with insurance companies that may delay, shift the blame, or otherwise complicate the claims process.
- Navigate complex laws: Construction laws in Georgia are complex, and those not working within the industry or having gone through the legal process before may not know how to navigate their rights properly. We do.
- Determine the value of your claim: Knowing the value of your claim is also notably important. In every situation, the value of your claim is dependent on factors such as the severity of your injuries and your ability to recover: Enable our legal team to pursue more insight into your rights.
- Trail experience matters: In complicated matters like this, it is not uncommon for a case to go to trial. When it does, trust our legal team to fight for you.
You were hurt, and you deserve an advocate. Contact our legal team to determine liability in your case. Our professionals know how to get the results our clients need to move their lives forward, and our FAQs section offers more information about this type of situation.
Set Up a Free Consultation to Discuss Your Case with Our Personal Injury Attorney
To determine who is liable for injured subcontractors in your situation, set up a free consultation with our Augusta construction accident lawyer in Georgia.
At John Foy & Associates, we provide our clients with exceptional legal insight and guidance to navigate the legal process. Contact us now to discuss your situation.
404-400-4000 or complete a Free Case Evaluation form