***Important***ASAP***. Who is liable? Workers compensation?

[Lawstudent18]

A Truck Driver, who is an independent contractor, arrived on a job site. The General Contractor on the job told him to back the truck over there in front of a scaffolding.. the general contractor said “I will help guide you.” Backup…..back…..back until the top of the truck hit an over head scaffolding. That’s when an Employee of the General Contractor is knocked off the scaffolding and falls 30 feet. (Workers’ Compensation?)

 

[TheGeekess]

A Truck Driver, who is an independent contractor, arrived on a job site. The General Contractor on the job told him to back the truck over there in front of a scaffolding.. the general contractor said “I will help guide you.” Backup…..back…..back until the top of the truck hit an over head scaffolding. That’s when an Employee of the General Contractor is knocked off the scaffolding and falls 30 feet. (Workers’ Compensation?)

I've finished my homework for this term and am not going to do yours.

 

[Lawstudent18]

I've finished my homework for this term and am not going to do yours.

Not asking for answers. Asking for a little advise is all. Websites that might help with research. Things you found useful. I don't allow others to do my work. I take pride in doing it myself. But if you need help you ask.

 

[Silverplum]

Not asking for answers. Asking for a little advise is all. Websites that might help with research. Things you found useful. I don't allow others to do my work. I take pride in doing it myself. But if you need help you ask.

Your header title and first post prove otherwise.

Really, we don't do homework.

 

[PaulMass]

Sue everyone.

Seriously, you need to examine and argue everyone's liability, including the worker who fell after not properly securing himself.

 

[cbg]

Workers' comp law is state specific. Since you failed to name your state, we couldn't provide any advice even if we wanted to. That is the ONLY thing I'm giving you.

If we tell you where to start and what to research, it defeats the whole purpose.

 

[TheGeekess]

Not asking for answers. Asking for a little advise is all. Websites that might help with research. Things you found useful. I don't allow others to do my work. I take pride in doing it myself. But if you need help you ask.

www.google.com

Wikipedia is not considered a legitimate source for college work.

 

[Lawstudent18]

Workers' comp law is state specific. Since you failed to name your state, we couldn't provide any advice even if we wanted to. That is the ONLY thing I'm giving you.

If we tell you where to start and what to research, it defeats the whole purpose.

Thank you.

 

[ecmst12]

Your class should have given you all the direction you need to properly research your question. Websites are probably not among your referance materials.

 

[latigo]

A Truck Driver, who is an independent contractor, arrived on a job site. The General Contractor on the job told him to back the truck over there in front of a scaffolding.. the general contractor said “I will help guide you.” Backup…..back…..back until the top of the truck hit an over head scaffolding. That’s when an Employee of the General Contractor is knocked off the scaffolding and falls 30 feet. (Workers’ Compensation?)

I find it a bit incredulous that you are law student and one supposedly studying this significant area of the law and yet find this simple scenario puzzling. Anyone with a modicum of knowledge of w/c law would be capable of a correct analysis here. It doesn't even approach simplicity. Its two plus two is four!

Your guy that got knocked off the scaffolding wasn't up there to enjoy the view. He was acting in the course of his employment. He was employed by your general contractor! So what is so difficult about concluding that he is covered by his employer's work comp insurance? And if his boss doesn't have that insurance coverage in place, then it comes out of his pocket!

None of this filler and garbage you've thrown in - truck driver was an independent contractor - the general contractor was directing traffic, etc., - has any relevancy whatsoever.