Although worker’s compensation laws prevent an employee from suing his/her employer in exchange for worker’s compensation benefits, not all worksite injury claims are covered by this blanket employer immunity. As the general contractor, you are responsible for worksite safety for the entire site. This includes the safety of your subcontractor’s employees and independent contractors on the site. If one of these individuals is injured on the site, the general contractor can be sued by that individual, whether or not the individual received worker’s compensation benefits from his/her own employer. Subcontractors who are responsible in whole or in part for the injury of the general contractor’s employees or independent contractors are likewise subject to suit.

Who is responsible for the expense of defending the worksite injury claims and for compensation for injuries to the plaintiff? An owner’s, general contractor’s and subcontractor’s agreement may contain an indemnity provision and the requirement to make the other an additional insured on a liability insurance policy. This may result in pushback from the insurance company about whether the claim is covered and who is covered under the insurance policy. In addition to vigorously defending the underlying worksite injury claim, we can sort through the insurance-related issues to get you all available insurance coverage.