Work Injuries

Personal Injury and Subcontractors- Know Your Rights

Submitted by jrlaw on Feb 4th, 2010

Can a Subcontractor Sue for Personal Injury?

Wikipedia defines a subcontractor as an individual or even a business that signs a contract to “perform part or all of the obligations of another's contract.” This clearly indicates that a subcontractor is not an employee. Rather, a general contractor hires the subcontractor to perform specific tasks related to the overall project.

The financial advantages of hiring a subcontractor are many according to Business Link:

• Flexibility
• Lower cost on salary
• Lower cost on taxes, insurance
• Specialist expertise
• Less reliance on in-house specialists
• Specify duration and type of work
• Mitigation of project risk

Therefore, it seems like a fair question: is the employer or the contractor at fault if a subcontractor injures himself during working hours? After all, the subcontractor is not an employee, and therefore has no such recourse as worker’s compensation. Technically speaking, a self-employed individual has injured himself in the course of a job.

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