Most workers are eligible for workers’ compensation if they are injured on the job, but this does not apply to everyone. A construction worker who is injured will probably not be eligible if they are working on a 1099-based contract and is not an employee. To receive financial compensation, the person may need to hire an accident lawyer in Live Oak, FL and put forth the effort to obtain a settlement from the company’s insurer.
Contract Workers and Employees
The 1099 worker files taxes as an independent contractor rather than receiving a W-2 as an employee. There are differences between these systems, one of which includes the 1099 tax filer not being covered by workers’ compensation. The individual is considered self-employed. This does not mean there is no recourse for receiving monetary payment to cover factors like medical expenses and lost wages, but it must be done as a personal injury settlement negotiation or lawsuit.
Safety Considerations
Construction is one of the most dangerous occupations, and an accident lawyer in Live Oak, FL believes these workers should be compensated for work-related injuries whether or not they are technically employees of the company. Construction companies have a duty to keep all their workers safe with actions such as providing essential safety equipment and training as well as making sure all activity and equipment on the site adheres to regulations set by the Occupational Safety and Health Administration.
Supporting the Case
If the insurer disputes the claim or does not want to pay a reasonable amount, a lawyer such as Duane E. Thomas will gather additional evidence to support the case. This may involve investigating the background of the construction company and whether similar accidents have taken place under its watch. Eyewitnesses and expert witnesses may be called on to make statements. Prior similar cases that have resulted in settlements or court awards can be presented.
Insurance companies would much rather settle cases like these than go to court where a jury might be very sympathetic to the injured worker and decide on a much larger award than was originally asked for. Visit Northfloridaautoaccidentlawyer.com to begin the process.
