If an Architect’s employee slips and falls on a construction site and breaks their back. Who’s insurance would cover the cost. And what if the employee wants to sue? Does this change anything? @emilyepple
Hi Lawrence, thanks for following up with this!
I believe workers compensation would be the insurance that would cover the medical expenses and wages lost from the injured employee because the injury happened in “the course of employment”. The amount of compensation is determined by laws on a state by state basis. This website provided a little more context that helped me understand better: Injured on a Construction Site? Here's What You Should Know | William D. Shapiro Law, Inc.
If the employee accepts the workers compensation they cannot sue their employer. Page 1018 of the AHPP states: “Workers’ compensation is insurance providing wage replacement and medical benefits to employees injured in the course of employment, in exchange for mandatory relinquishment of the employee’s right to sue his or her employer for negligence.”
If the employee does not accept the workers compensation they could then sue their employer and the employer’s (the architect firm) would have Employers Liability insurance to protect the firm in this situation. The employee could also sue the owner or contractor (depending on who they believe to be at fault for the slip) and then each entity has Commercial General Liability insurance that would cover this instance. In this situation, since it’s an active construction site I’m assuming the slip was caused due to construction materials or unsafe jobsite conditions so I would think they would probably sue the contractor. Tagging @coachchrishopstock in case he has more insight on this!
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@coachemilyepple great insight! These situations are always tricky but I think you spelled out the various directions such a situation could turn.
Employers are required by statute to have Worker’s Compensation policies, so the consultant’s policy would cover it if the consultant’s employee accepted the terms of a Worker’s Comp claim.
If they wanted to sue instead, they could sue whoever they think is responsible (or everyone!) and the result would play out in the legal system. This is not covered on the ARE.