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Melonie
05-19-2009, 03:19 PM
^^^ I should have clarified. I was speaking of the case where the injured worker is actually the employee of a subcontracted company. Indeed that employee can sue the company that engaged their own company because of their status as a subcontracted worker.

Eric Stoner
05-20-2009, 07:11 AM
^^^ I should have clarified. I was speaking of the case where the injured worker is actually the employee of a subcontracted company. Indeed that employee can sue the company that engaged their own company because of their status as a subcontracted worker.

Yes BUT. The worker has to show an "unsafe place to work" or failure to comply with Section 240- elevation risks like improper scaffolds and the like. More importantly, the third party lawsuit does not enable that worker to get the compensation and necessary medical treatment any faster.