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Because he cannot sue his subcontractor employer (the injured worker is covered by workers compensation for the claim he has against his employer), he instead sues the owner, general contractor/construction manager and the higher tier subcontractor for whom his lower tier subcontractor/ employer was working. In a workers' comp claim, before the injured worker can settle and therefore terminate his employer's or insurance company's obligations, sufficient funds must be set aside to cover all current or future medical expenses Medicare might contend are related to the injury. Under return to work regulations passed by the state Division of Workers' Compensation in September, employers with 50 or fewer workers who have made modifications to their workplace to help injured workers return to work can be reimbursed up to $2,500 per injured worker. |
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