So the general contractor is trying to say the injured employee was employed by a sub, BUT he filed a first report of injury the day after the accident. Hmmmm. Isn't the general contractor responsible for uninsured subs employees anyway? Did he think Chalino Garcia carried Workers Comp? Looks like the general contractor doesn't have much of a case. $500,000 seems cheap, considering the guy wasn't even old enough to be legally using a nail gun.
I'm not in construction. I do know that the General is the umbrella, at least around here in Wa. Meaning he holds the insurance etc. So while he may not be the employer, he is ultimately responsible. I seriously doubt he did not know this sub hired illegal labor.
With all the Illegals working to demolish/rebuild New Orleans, look for more of these type suits.
Chickens coming home.......
And, if the kid lied and provided false documents claiming he was at least 18, then what?
Kinda why those certificates of insurance are so important. Not foolproof, but shows a reasonable attempt to do the right thing.
Filing a first report isn't evidence of being responisble. I have had to file many first reports on subs and subs of subs, etc, 'just to make sure' because my company wanted it that way. Did one just today as a matter of fact.
Looks to me that the GC has a host of problems to deal with since he's not OSHA compliant, not supervising properly, and not tending to business in general.