What is On-site Injury Litigation Supervision?
On-site injury litigation supervision refers to the supervision and coordination of multiple lawsuits, attorneys, and jurisdictions. Generally, this area of law consists of only one accident, like an injury, but multiple causes of actions in different fields of law. These problems arise when there is a gap between insurance coverage and workers’ compensation; and then you are left to pay out of pocket.
As one can imagine, construction workers work in dangerous conditions, whether it be from the blazing heat on a roof, or welding steel beams on a skyscraper. In any case, construction workers can get injured on the job, and in the United States, there is strict liability for employers when their employee gets harmed. Usually, general contractors or subcontractors have workman’s compensation, which is mandatory under most circumstances. But when the contractors don’t, then the injured worker can sue them directly through negligence.
For example, a negligence suit will be brought against the contractor first, then the worker’s compensation suit will be filed. The Claimant/injured employee will file in both courts, civil and administrative, because worker’s compensation does not account for pain and suffering damages, which can make up most of the cost. The administrative suit being for Workman’s Compensation and the civil suit against you and what insurance you have. So, there are two different lawsuits, guided by the worker’s compensation attorney, and attorney for personal injury (provided by the insurance company). Although both will be fighting for you, they will not work together effectively or efficiently, even though they are on the same side. That is where on-site injury litigation supervision helps to regulate and guide both attorneys to the common goal, protecting your rights as the contractor who hired the employee.
Our firm specializes in supervising general liability claims along with worker’s compensation claims to help each member of the legal team work effectively with the purpose of covering all aspects of the claim, administrative and civil. However, we do not specialize in personally litigating worker’s compensation claims nor personal injury claims.
How Long Do You Have to File a Personal Injury Claim?
If the claimant/employee gets hurt on the job, he or she has only two years to file a cause of action, presumably founded on negligence. As an action founded on negligence are limited within two years Fla. Stat. §95.11(4)(a).
How Long Do You Have to File a Workman’s Compensation Claim?
When an employee gets injured on the job, they have two (2) years after the date on which the employee knew or should have known that the injury or death arose out of work performed in the course and scope of employment. Fla. Stat. §440.19(1). So, all employee petitions for benefits are barred unless they have filed the petition within two years.
How to Avoid the Need for On-Site Injury Litigation Supervision
Although the example used includes a general contractor and his or her employees, it can also be a problem in other businesses such as manufacturing or service industries. In any industry, it is imperative that potential liability is absorbed through workers compensation or insurance. Without either, you may be paying out of pocket costs, which can cause a myriad of financial problems if you are ill-equipped.
- To avoid this scenario, be sure to check your personal and business insurance policies for adequate insurance coverage.
- If you are a general contractor, be sure to check the insurance coverage subcontractors retain, as it might not cover all the potential damages.
- Check to see if you are required to have workers compensation insurance. If not, consider if it is still worth it to have it as a precaution.
How to Resolve the Claims
For these high dollar personal injury insurance claims, you want to make sure that there is superb efficiency and communication between all of the attorneys who represent you. That is where the attorneys at RAK Law Firm can help you and your claims be resolved as timely and efficiently as possible.
If you are a general contractor or subcontractor or other business owner who is in this predicament or something similar, please do not hesitate to contact us today to schedule a case evaluation and get started.
Construction Law
- Construction / Mechanics Lien
- Construction Defects
- Construction Disputes
- Construction Delays
- Construction Financing Issues
- Breach of Construction Contract
- Breach of Construction Warranty
- Code Violations and Permit Dispute and Approval
- Construction Insurance
- Construction Safety and OSHA Violations
- Licensing and Regulatory Compliance
- On-Site Injury Litigation Supervision