Georgia Construction Accident Lawyer
There is probably few work sites more dangerous than a construction site. If you have been seriously injured in a construction accident, an experienced workers' compensation attorney can help you get the full extent of benefits to which you are entitled. At the Law Office of Pam Waldorf, we represent injured construction workers.
Hard Work Deserves Compensation
Contact Pam Waldorf Today for a Free Initial Consultation
Uninsured Claims
One frequent problem with construction work accidents, is that your immediate employer, may not have workers' compensation insurance. Your employer may also be unwilling or unable to pay out of pocket for your workers' compensation benefits. The purpose of workers' comp insurance is to pay for the full amount of benefits, and this can be a lot of money.
This does not mean that you are not going to be able to get workers' compensation benefits paid. The law in Georgia provides for this unfortunately all too frequent situation.
If your employer does not have workers' compensation insurance, his employer, whether it is the subcontractor who hired him, or the general contractor at the "top of the ladder", probably does have workers' compensation. They may be a "statutory employer" under Georgia law, and you are entitled to workers' compensation benefits through their workers' comp insurance.
This situation is complicated and if you have any questions about your injury and your rights and eligibility to lost income benefits and medical treatment, workers' comp lawyer can help evaluate your claim.
Making an claim for a construction accident with an uninsured subcontractor can be complicated. There are many technical filing requirements, and mistakes could potentially cost you benefits. Many injured workers do not know who the general contractor is, which makes it difficult to find out who will provide workers' compensation. We will help you make the right uninsured claim after your construction accident.
Claims Against Subcontractors
Under workers' compensation law, you must be an employee, not an independent contractor, in order to receive workers' compensation benefits.
Your employer at the job site may claim he is not your employer, and you are not an employee. Your employer may say you are a subcontractor, not an employee. Your employer may be a subcontractor himself. However, whether he is your employer, and you are his employee is a factual question. It depends on a number of facts, such as the amount of control he has over your work, the hours you work, the method of payment, and whose tools are being use, and so forth.
The important thing to know, is that just because he says you are an independent contractor, or that he doesn't have any employees, does not mean you are a contractor or determine employee versus contractor status.
Contact Us
With so many parties involved in a construction site, and the likelihood that the immediate employer may not have workers' comp insurance, it can be hard to file a claim after a workplace accident. At the Buford Law Office of Pam Waldorf, we can help you navigate these difficulties and get the benefits you deserve. Contact us today for a free initial consultation.
