Workers’ Comp Eligible Under A Contractor?
A common question we get from our Workers’ Compensation clients is, “Am I eligible for Workers’ Compensation if I was injured while working for a contractor or sub-contractor?”
The answer is Yes. In Mississippi, if you get hurt on a job site working for a contractor or sub-contractor, in most cases, you are entitled to workers’ compensation. If the sub-contractor you work for does not have insurance, then the contractor’s insurance is required to kick in. So don’t be fooled if you are told that workers’ comp does not apply or that there is no insurance available.
The law states:
§ 71-3-7 (6) In the case of an employer who is a subcontractor, the contractor shall be liable for and shall secure the payment of such compensation to employees of the subcontractor, unless the subcontractor has secured such payment.
Contractor or Sub-Contractor Insurance.
What this means is you go “up the chain” to whoever hired your subcontractor employer to see if there is coverage. Sometimes there may be several subcontractors and contractors with coverage, and it will take some sorting to figure out which one is responsible. If you are caught in a situation like this, you should consult an attorney experienced in this area before you give up. Just because they told you they don’t have insurance does not mean you have no option.
When you’re injured in the workplace, you have rights. Depending on your circumstances, you may have a right to medical benefits, a right to income benefits and a right to have your injury treated. Some employers may pressure you to return to work early, may deny your medical benefits claims, may refuse to pay your income benefits or may otherwise refuse to honor your rights as an injured employee. Employers may require you to undergo an evaluation by their doctor, who may claim that your injuries aren’t severe or that you’re ready to return to work – even if you’re not. An experienced Mississippi workers’ compensation lawyer can substantiate your injury claims through an evaluation by an independent physician, and take your workers’ compensation case before the Mississippi Workers’ Compensation Commission to make sure your rights are protected.