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Additional Details
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specter1065 | Is my employer charged for workmans comp if he's not at fault? |
we are subcontracted painters for a company that builds modular homes....the steps leading into the building collapsed and i sprained my knee...i was told by my employer not to go after the company bcuz we would lose the contract......... |
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mkulda
 |
You were a little vague in your description and that is going to impact the answers you get....some of which may be totally wrong.
Fault is not a necessary determinant in an employer's workers compensation premiums. Loss experience is, but fault is not a part of that. Either there is a loss or there isn't.
Now comes the tricky part. If you work for a subcontractor, your contract may dictate under whose workers comp policy you will have to file the claim for.
To start with you should be filing with your employer's policy (the subcontractor). That filing should have no impact on the home builder's work comp experience.
But you should also know that your company's contract is pretty much likely at will and can likely be cancelled at any time according to the terms of the contract. |
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The Mog
 |
If you are an independent contractor then you yourelf are responsible. If not, the painting company you work for is responsible for your workman's compensation. If the steps were defective because of negligence on behalf of the modular home company and that is why they collapsed - they would be liable as far as a civil case goes but you would have to sue them for compensation and this would definitely be bad for your employers relationship with them. I think you should report the case to your boss and also just see your private doctor - Good luck. |
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Emily
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I agree with Drew. I am an employer and have been though this. |
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amethystfish
 |
I've adjusted work comp claims for nearly 20 years, and I've seen this several times. 1st, does your IMMEDIATE boss have work comp coverage? If so, file under his coverage. If not, file with the contractor anyway. He may be charged even if there is no fault (work comp is pretty much "no-fault"), but you are totally within your rights and should not have any recriminations. |
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rahnside
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the insurance depending on how your contract is written with the company that sub contracted you if you go after the company that hired your company yes chances are they might find another company to paint for them.
but if you file for workers comp though your company, your company has to give it to you because you where hurt working for them |
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LesElle
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That is the point with workers' compensation -- the employer's insurance will have to pay and the question of fault is not an issue. Nevertheless, the employer's policy will be affected by the losses. |
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mbrcatz
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Two different issues. If you as the subcontractor have workers comp, then your polciy pays. If a sub does NOT have workers comp, then the general contractor's w/c policy is responsible for it. If it pays, then the uninsured subs have to get added on, at the cost of their labor.
The owner of the building probably has general liability insurance - which would pay if you sue them. If you sue them, no doubt, they will fire you, for not carrying workers comp.
Workers comp policies do NOT charge the employer - they pay premium up front. In future years, prior losses are used in the rating. |
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Drew P
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I work in the industry and here is my recomendation: file a claim. If your employer is telling you not to file a claim, that is a violation of your rights and against a FEDERAL law. That's not good.
Worker's Compensation is designed to protect people like you and me. Your employer cannot lose a contract because of 1 claim. Your employer CAN lose a contract if there are signs of fraudulent claims.
You need to file a claim and protect your well being and health. You may have more than a sprain and you might need medical attention. Then again, you may only have a light sprain, and just need some ice. You won't know until you file a claim.
Please file a claim. |
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bush-deathgrip
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all businesses pay for workers comp insurance......if theres a claim from their employees, rates increase.
you cannot be fired for making a claim. |
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