Home Improvement Contractor - Licensed Contractors - Looking for insurance requirements for sub-contractor on hurricane debris clean-up, FEMA funded.?

Looking for insurance requirements for sub-contractor on hurricane debris clean-up, FEMA funded.?

I have been told, that a sub-contractor has to have proof of "bond" ? insurance when doing debri clearing. Would this be a FEMA requirement or a requirement of the main contractor? My husband was killed in Fla., on a land-fill site. He was unloading debri when the truck fell over on him. If anyone out there has either done this type of work or is a sub-contractor who has done this kind of work, I could really use help me with this question. Individual he worked for is being of no help as yet.

Public Comments

Any government agency will require that any and all contractors and sub-contractors on a job be licensed, insured, and bonded. That, however, does not mean that they all are. You'll first want to contact the contractor to see if he has records of compliance. If you can't find out anything there you'll probably have to contact a lawyer.
OK, you don't have "proof of bond", you have a "performance bond". Fema is going to require the GC to have a bond, naming THEM as obligee, as a guarantee that the work gets done. The INSURANCE company pays FEMA the stated amount on the bond, IF the GC doesn't get the work done. A bond has NOTHING to do with the insurance on the job - or at least, not much. If the individual he worked for has NOT submitted a workers comp claim, they aren't going to. That doesn't mean they are off the hook!! The chain goes, your hubby's employer, or the general that hired him/them, then the general that hired THEM, all the way up to the property owner. ALL those people can be held responsible for the death benefits related to this claim. You need to take SEVERAL steps: 1. make a written request to his employer to file a workers comp claim. 2. file a complaint with the state department of labor, against his employer. 3. Give it two weeks, and talk to an attorney. I rarely recommend attorney involvement, but I do think in the long run you're going to need one. ON the one hand, the case is open & shut - even if his employer didn't have WC coverage, the GC did, and they're on the hook for all benefits for uninsured subs - which your hubby likely is. On the other hand, getting money out of contractors is BRUTAL. Getting them to file claims is VERY BRUTAL. So I think you're going to need real help with this. And I'm very sorry for your loss.
Most general contractors require subcontractors to carry liability insurance on themselves. If your husband was required to provide proof of insurance to the general contractor, than the general is not going to pick up the workers compensation claim normally although I would still recommend filing one as it never hurts to try. If he wasn't required to show proof of general liability insurance, than the general contractor is on the hook for the workers compensation claim for his death on the job because lack of his policy makes him vicariously an employee and he picks up the payroll of your husband at his year end audit. The other avenue to pursue is the owner of the truck via a personal injury attorney. Seek a reputable personal injury attorney in your area with experience in workplace claims but not one that advertises on TV. My rule is to ask a "dinosaur" attorney for a referral and don't be afraid to speak to more than one. There is clear cut liability here and asking the individual he worked for is not the right door to knock on because that is the one who wants to keep the lid on any potential claims. General Liability is a possibility for operations "off premises", since it was a truck that caused the death the auto could also potentially be liable, and you have the possible work comp. You need to speak with an attorney who specializes in this area to help you file a claim with the insurance company of the employer. Whether or not a full blown lawsuit arises will depend on how the employer handles the claim but the insurance company has to be notified within one year from the date of the incident in order to be held liable.
Valerie, I'm so sorry for your loss. On the face of it, this is really a worker's compensation claim, unless there is a clear sub-contractor relationship between your husband and the guy he was working for. Incidentally, the existence of sub-contractor status, for purposes of workers comp, is NOT determined by legal arrangements of the worker and owner, but rather by the law itself. In Maryland, for example, the law relies on a master-servant relationship and says that the controlling test of whether a relationship of master-servant existed shall NOT be that the master was exercising his rights as master at the time the injury occurred, but whether or not he had the right to do so. Doesn't matter what agreements, written or otherwise, the worker and "boss" had -what matters is what was actually going on at the time. Since this kind of determination can get into gray areas, most Worker's Compensation policies carry "Coverage B -Employer's Liability" which basically says that of Workers Comp doesn't apply, then the insurer will defend or pay employee realted claims. And it is there for just the situation you have -YOU, as spouse, may have a right of action. The business about the bonds and all that is irrelevant. The bond simply says the bondholder will perform in accordance with the law. Should your husband's death be pursuant to a violation of the law, then perhaps the bond could be called. But what it will pay is statutory fines and penalties -perhaps to the state and not even to you. Its unclear to me exactly what the relationship with the "guy he worked for" is. Was that guy the owner of the truck? Was he there at the time? What was going on? I spent many years involved with this sort of thing, so if you'd like to contact me by the system email, I might be able to do more. Perhaps a phone chat, at your discretion, of course. Agagin, my regrets and condolences.