QUESTION
Who is liable? Workers Compensation
Asked on Dec 11th, 2015 on Workers Compensation - New York
More details to this question:
A Truck Driver, who is an independent contractor, arrived on a job site. The General Contractor on the job told him to back the truck over there in front of a scaffolding.. the general contractor said “I will help guide you.” Backup…..back…..back until the top of the truck hit an over head scaffolding. That’s when an Employee of the General Contractor is knocked off the scaffolding and falls 30 feet. (Workers’ Compensation?)
1 ANSWER
Dennis Kergick
The injured Employee would clearly have a claim for workers’ compensation benefits against the General Contractor. In addition to that, the injured worker may have a claim against the driver of the truck for causing the worker’s injuries. The injured worker could NOT pursue a claim for negligence against the General Contractor assuming the General Contractor carries WC insurance due to the General Contractor enjoying immunity from negligence suits through the WC insurance.
Answered on Dec 18th, 2015 at 1:14 PM