Juarez worked for Westarz Homes at construction sites for five years. Bever was a superintendent at construction
When Bever was backing the truck up at a construction site, he hit Juarez, crushing his left arm and shoulder, leaving him unable to work. Juarez filed for workers' compensation. Westarz paid no workers' compensation premiums because it claimed it only used independent contractors. The state investigated and determined that Juarez was an employee since he worked under the direct control of Westarz for years. It awarded him workers' compensation benefits from a Special Fund maintained for such instances.
1. The court held that Bever and Juarez were both employees, not independent contractors; so workers' compensation was the remedy for the injury, and there would be no damages in tort. Where did Westarz end up in all this?
2. Why should Juarez not get to collect both workers' compensation benefits and sue for the injury caused by Bever's negligence?
Fantastic news! We've Found the answer you've been seeking!
Step by Step Answer: