If I was an independent contractor when I was injured on the job at a construction site, who can I collect from? Does it matter if I was not licensed?
As an independent contractor, it is advisable to carry insurance – both liability and health insurance – for such eventualities. But with the rising cost of insurance, many sole proprietors understandably feel they can’t afford it.
However, there may be other parties that have liability. For instance, a kitchen reconstruction person working independently may not have been warned of hazards in the home as a result of other contractors’ work. In some instances, the homeowner’s policy would also cover your injuries. If you are independent but working under a general contractor, you may be able to make a claim against his policy.
Do a little online research to determine if a party with a fictitious name has some other identity or operates under a corporate umbrella. The Secretary of State is usually the place where you can access such records.
The issue of licensing varies from state to state; some have fewer regulatory policies. If you needed licensing and don’t have it, it will affect the evaluation of the case. It could even result in fines and other penalties if, for instance, you acted as a general contractor with people working under your supervision illegally. However, if you were a subcontractor, and especially if the job was a small one, it may not be as big an issue.
If have been injured at a construction site, seek the advice of an experienced construction accident attorney right away. |