How the General Contractor/Subcontractor Relationship Could Affect Your South Dakota Personal Injury Claim

If you work in a dangerous profession like construction, then you know that workers’ compensation requires your employer to pay you certain medical and loss-of-income benefits if you are injured on the job. South Dakota law defines workers’ comp as an “exclusive remedy” in such cases, meaning that so long as your employer complies with its obligations, you cannot file a separate personal injury claim against said employer. This does not, however, apply to any third parties whose actions may have caused or contributed to your injuries.

Contractor Faces Lawsuits Over Injured Summit Barn Collapse

One complication that often arises in construction accidents is the relationship between a project’s general contractor and the numerous subcontractors hired to handle specific tasks at a job site. Let’s say that you work for a subcontractor and get hurt on the job. Workers’ comp protects your immediate employer. But does it also protect the general contractor? Put another way, if the subcontractor pays your workers’ comp benefits, could you still sue the general contractor?

In most cases, the answer will be “no.” Generally speaking, a general contractor is considered a “back-up provider of workers’ compensation coverage” in South Dakota. So long as the general contractor maintains workers’ comp insurance for a job site, that coverage protects both its own direct hires and any employees of the subcontractors working at the same site.

But the reverse is not true. Let’s say you work for the general contractor at a construction site. A negligent act by one of the subcontractor’s employees injures you. The general contractor would still be liable for your workers’ comp. You could, however, file a personal injury claim against the subcontractor, as it is considered a “third party” in this context.

Contact a Sioux Falls Personal Injury Lawyer Today

Personal injury cases often involve complicated legal questions that may require litigation. Our Sioux Falls personal injury lawyers can represent your interests and fight for the compensation that you deserve under the law. Contact Hoy Law today at (605) 334-8900 to schedule a free consultation.

Source:

scholar.google.com/scholar_case?case=15007630825787430167