I got hurt while working for a subcontractor. Come to find out, he did not have workers compensation insurance. Am I just out of luck?

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Workers Compensation

Not necessarily. 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.

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.

Rogen K. Chhabra

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