Personal Injury question (Independant Contractor hurt at job site)...Where does liability fall?

Question

I have a family member that has been a full time employee of a local company for many years (we'll call the company "Bigco"). When a one time job came up at Bigco, my relative referred me to his employer. I began the job right away - painting a laboratory on Bigco's grounds. This lab was an inside a warehouse. In this warehouse broken glass and water were on the floor throughout. During the course of my work day I reeled in a hose over the warehouse floor, in so doing I cut my hand. Two days later I was hospitalized with a life threatening infection - flesh eating bacteria. I am, almost wo months later, just now recovering. Is the owner of Bigco liable in any way since the orignal injury happened there?

Answer 1

If you can prove that the flesh eating bacteria came from there and the company has knowledge of it or reason to know that you are in a hazardous area, but did not advise or provide you with nay precautions, then I believe they are liable.

This is just my opinion, but maybe you should get a lawyer to advise you.

Answer 2

If you were in fact an independent contractor, Bigco should have required you to show proof of insurance before starting work. However, from your description, it sounds as though you were an employee. As such, you would be covered under the employer's [Bigco] worker's compensation policy, rather than having a direct claim against Bigco. You may need to talk to a lawyer to sort this out.

Answer 3

I do not believe they are liable.

They maybe liable for medical bills, but doubtfull because you were an employee for under 90 days.

Also you seem to have neglected your own personal safty.

They also cannot be held repsonsible for micro-organisms they had no say in what bacteria take up residence in your body.

But shoot, maybe if you talked to someone there, you might be able to get something.. and if not, try the american way.. call a lawyer and sue... They seem to be able to extort money even if the accident was your own fault.

Answer 4

I'm not a lawyer but I think the liability starts with the property owner, the business leasing the property, your employer and all other parties responsible for the injury. A good lawyer always knows the chain, consult one.

Answer 5

If its proven that you were not grossly negligent, even without a formal contract, the company is liable. The place was an occupationally hazzardous one to begin with and they should have had you in mind before subcontracting the job. The company was negligent - this is the way I see it.

Answer 6

Years ago my husbands was repairing a roof on a residential home.
He lost his balance and rope gave way, and he fell to the ground.
even though he had insurance we did not need to claim. The home owners insurance covered everything. He was on disability
for a years after this.

Answer 7

You were hurt on the job,on their property,doing what you were told
(instructed) to do.
Were you following the instructions given?
Did you sign a waiver of liability?
Were you asked to provide your own insurance?

This was an accident on their property.
Even if kids climbed over the fence and got hurt they would have to contact their insurance to get it handled.

Answer 8

Bigco is liable because you are an employee of said company.

Answer 9

Depends. Contact a PI attorney. They will jump on it.

The agreement you signed, if any, may impact it. If they required you to provide evidence of insurance, license, etc. then it would be yours.

If not, they are on the hook.

Answer 10

an independant contractor is totally responsible for any liabilities.