It’s been 7 weeks since accident. No money coming in. I am bedridden leg in a fixator. Expected surgery 1/25/19 what are my options.
If you were injured while working as a subcontractor, you may have the ability to file a claim directly against the property owner or general contractor if they were responsible for safety at the job site. You should speak with an experienced personal injury attorney so that they can obtain additional information and evaluate your options.
By providing this answer I am not providing legal advice, nor has any attorney client relationship been formed.
If you are truly a subcontractor and if you are employed by another and that employer has no workers' compensation insurance you can file a claim against that uninsured employer, request a hearing before the Workers' Compensation Commission and the Second Injury Fund will be cited in to decide whether it will pay for your medical services and lost wages. If you are a sole proprietor as a subcontractor you may be able to file a claim against the "principal employer" e.g., the general contractor. If you have no workers' compensation insurance and the person that hired you does not have insurance then you may be able to file a claim against the property owner. Either way you should seek the advise of an experienced workers' compensation attorney as all these questions are fact specific and you should not try to do this on your own.
If you are truly are a subcontractor then you may not be able to bring a workers compensation claim. However, these cases are very fact specific and need further exploration. Just because you may classify yourself as a subcontractor may not mean that there wasn't a employer employee relationship for the purposes of workers compensation with the company that hired you or the GC. However, there are several relevant factual questions that make the determination of whether or not you are an employee of someone on the job. For example, if whoever hired you, was controlling the manner and means of the work performed and you do work on a regular basis for them there may be an employer employee relationship. If that party did not carry workers compensation coverage and there was an employer employee relationship the Second Injury Fund Office of Attorney General State of Connecticut office would step in and it's possible there could be compensation coverage if the claim was deemed compensable. Furthermore, you may have a third party personal injury claim against the owner and/or GC on the job if there was some sort of negligence on the job that caused the resulting injury. You should contact a workers compensation / personal injury lawyer as it's very fact specific to explore your potential options.
As already stated by fellow counsel the determination as to whether you are an independent contractor or employee is a complex one and has different legal remedies for each. I recommend speaking to a qualified attorney right away.
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