Day laborers, or temporary workers, hurt on the job may be eligible for workers’ compensation benefits if they can prove (1) they were “employees” at the time of the work accident and that (2) their bodily harm happened during the “course and scope” of their employment. This is true under the state laws of both Illinois and Indiana. For more, read Day Laborer Work Accidents and Workers’ Compensation Coverage in Illinois and Indiana.
However, what if the day laborer was not an “employee” as defined by statute? What if they are confirmed to be an “independent contractor” and their request for workers’ compensation benefits are denied? Or what if they are found to have been involved in something outside the course and scope of their employment?
The day laborer may have legal avenues for justice against those who breached legal duties of safety and care, causing their injuries. These are legal claims to be pursued in the civil justice system, not within the state workers’ compensation program (like the one overseen by the Illinois Workers’ Compensation Commission.
Day laborers may have the legal right to monetary damages from one or more companies or individuals whose bad acts resulted in the worker being seriously hurt or killed on the job. This is true even if the day laborer, or temporary worker meets, or fails to meet, the criteria for state workers’ compensation insurance coverage benefits.
Claims Against the One Who Paid the Worker
As a general rule, when workers’ compensation coverage applies to a worker, that worker is blocked by law from pursuing any civil personal injury claims against the employer. This “exclusive remedy” rule applies in Illinois and Indiana.
However, when the workers’ compensation coverage is denied because the worker is found not to qualify as an “employee” this protection is not provided to the company or individual who paid the worker. Then, there is no legal bar against pursuing negligence claims against whoever paid the worker but technically is not an “employer.”
This is also true if the worker does meet the criteria of “employee” under the state workers’ compensation laws but the employer failed to get the required workers’ compensation insurance policy. That employer cannot hide behind the statutory protection, and is vulnerable to an injury suit.
The day laborer, therefore, may have legal personal injury claims against an employer who fails to meet the legal duties imposed by the state workers’ compensation laws. The temporary worker may also have these civil claims against any entity that paid them for their work but who is not their “employer” as defined by statute.
For more, read Workers’ Compensation and Third-Party Claims for On-the-Job Accidents.
Of note, there are uncommon instances where the employer is liable for the employee’s injuries under civil personal injury law, if it can be proven by authenticated and admissible evidence that the employer had a deliberate intent to hurt the worker. See, Gorton, Michelle. “Intentional disregard: remedies for the toxic workplace.” Envtl. L. 30 (2000): 811.
Third Party Claims for Day Laborer Work Accidents
Anyone hurt on the job may have personal injury damage claims available to them under the law against one or more individuals or companies other than whoever paid them for their services. This is true for day laborers and temporary workers as well as any other worker in Illinois or Indiana. The list is long of potential defendants here, and each situation is different.
The worker victim has a right to investigate the work accident with the help of legal advocates and accident reconstruction experts in order to determine exactly where legal liability lies in their particular case.
After weeks or even months of investigation and analysis, facts may be compiled into expert opinions explaining the failures that resulted in the work accident. These facts will then be applied to the law and the list of those legally liable to the worker victim for damages compiled.
Civil suit third party liability for the day laborer’s work accident injuries may involve the following (in legal jargon, the “tortfeasors”):
- General contractor;
- Subcontractors (electrical, excavation, etc.);
- Property site owner;
- Property site lessor;
- Equipment or machinery owner;
- Equipment or machinery lessor;
- Power tool owner or lessor;
- Repair company;
- Cleaning or housekeeping company;
- Project Manager;
- Safety Inspector;
- Vehicle drivers;
- Machinery or equipment operators;
- Designers, distributors, or sellers of machinery, equipment, tools;
- Co-workers;
- Architects;
- Engineers.
Also read: Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases and Accident Reconstruction Experts and Injury Claims.
Legal Bases for Work Accident Claims: The Worker’s Burden of Proof
No legal duty exists for the wrongdoers to come forward and admit they did something wrong that caused the day laborer to get hurt on the job. It is within their legal rights to know they breached a legal duty of care and safety, and to keep silent.
The responsibility not only to find out the reasons for the work accident, but to prove what happened and establish liability for the wrongdoers is that of the worker victim.
And there is a deadline to do this: file a claim after the deadline, and it will be barred as a matter of law under the “statute of limitations.” For more, read Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations.
Legal advocates for the day laborer will coordinate with the fact experts to learn the exact circumstances for the work accident. Then, after legal research and application of court case precedent; statutes; and regulations, demands can be made based upon all sorts of things, including:
- Negligent entrustment
- Negligent hiring
- Negligent maintenance
- Negligence per se (statutory or regulatory violations)
- Negligent supervision
- Negligent training
- Failure to warn
- Product liability
- Premises liability
- Vicarious liability.
For example, if a day laborer is catastrophically injured in a fall from a scaffold, then that temporary worker may have legal personal injury claims for damages against their staffing agency for negligent hiring or training; the client company for negligent supervision; the general contractor for breach of safety duties; the premises owner or lessor for negligence upkeep of the site; the scaffold manufacturer or supplier for failure to warn or negligent maintenance; and the scaffold installer for negligence.
Also read: Who Can Be Held Liable for Construction Worker Accidents? and Are There Civil Claims for Damages Against Third-Parties for Your Work Accident?
Civil Claim Damages for Day Laborer Work Accident
Damages awarded based upon these legal claims are defined much differently than the benefits listed within the workers’ compensation laws of Illinois and Indiana. Not only are they defined differently, but usually these personal injury damage awards are much higher than any workers’ compensation benefits paid to the covered worker victim.
Of note: if the day laborer did obtain workers’ compensation benefits, and thereafter files a successful third-party personal injury suit, then something called “subrogation” may be applied to recoup the benefits paid from the recovery.
For more on the differences between workers’ compensation coverage benefits and damages recovered in third party claims, read our earlier discussions in:
- Damages are Different: Workers Compensation vs. Third Party Personal Injury Claims
- The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois
- 10 Types of Workers Compensation Benefits After a Work Accident in Illinois or Indiana
- 10 Types of Injury Damages That May Be Awarded to Accident Victims.
Day laborers, or temporary workers, in Indiana and Illinois may have legal recourse against several different companies or individuals after a severe bodily injury sustained on the job. The day laborer has a legal right to investigate their work accident to determine the scope of liability as well as the responsibility to pursue these injury claims. Please be careful out there!
