Subcontracting is a common business practice that can help general contractors and businesses get jobs done more efficiently. But what happens when a subcontracted worker is injured on the job? Are subcontractors eligible for workers’ compensation benefits?
The facts about subcontractors and workers’ comp
Georgia is one of 44 states that statutorily regulates workers’ compensation within a general contractor-subcontractor relationship. While the law specifically excludes “independent contractors” from workers’ compensation coverage, “employees” of a sub-contractor should be provided with workers’ compensation by the immediate company hired to do the subcontracting performing work. However, some subcontracting companies do not have enough employees to require that they secure workers’ compensation insurance.
Fortunately in this case, the injured employee may be deemed a “statutory employee” of the “general” contracting company. This analysis can be very complicated and it is very fact sensitive. The court will consider all the facts surrounding the employee’s work relationship in order to determine if the workers’ comp claim goes through the general contractor.
Subcontractors in construction
The construction industry is an area in which subcontracting frequently comes into play. Holder Construction Company, Balfour Beatty U.S., Brasfield & Gorrie LLC, The Conlan Company, and The Whiting-Turner Contracting Co. Inc. are among the largest construction companies in Atlanta. CA South LLC, Catamount Constructors, Batson-Cook Company are up-and-coming in the interior construction industry.
Work injuries among subcontractors, especially in the construction industry, are common.
However, securing workers’ compensation benefits may be challenging as many of the companies will be pointing fingers at each other while the injured work endures the injury. It is clear that the injured worker would likely benefit from an experienced lawyer.
Ramos & Law has been supporting Georgia’s workforce for nearly a decade. Practicing 100% Workers’ Compensation law, Ramos & Law attorneys carry the “highest possible peer review rating in legal ability and ethical standards” as rated by Martindale- Hubbell. Visit our website and blog for trends and news affecting Georgia workers.
If you have been injured on the job and have questions about your eligibility for benefits, call Ramos & Law for a free consultation.