Are Employers Legally Liable for Non-Employee Injuries?
Workers’ compensation insurance protects employers from the financial cost of workplace injuries for their employees, but what about non-employees who are injured while on a job for you? When working with independent contractors, issues of injuries and workers’ comp law in Baltimore become more complex. Consulting with a workers’ compensation attorney can help you understand your rights.
Your liability for non-employee injuries is determined by several different factors. The first is whether you correctly classify the injured party as a non-employee or if he or she should have been classified as an employee and covered by your workers’ compensation coverage. For a true independent contractor, you cannot provide workers’ compensation coverage but the contractor can sue you, if he or she can provide that your negligence contributed to his or her injury. If the worker should have been an employee, you may be required to pay unpaid past benefits as well as injury compensation. Even if your independent contractor has his or her own insurance, you can be sued if your negligence was a factor in the injury. Because of the complexity of workers’ comp laws, you should consult with an attorney immediately after a non-employee injury occurs.