I hope you are having a fantastic week. I leave you with useful information when dealing with workmen compensation.
There is a second part for this video. I will post it very soon.
State Insurance Fund – A Potential Liability (Part 1 of 2)
Hello, my name is Santiago Lampón. I am a lawyer and a notary in Puerto Rico ad welcome to this episode of Puerto Rico Legal Video blog. If you have any questions about the information that I am going to discuss just send me an email and the address will appear on the screen or you can post a message on here.
I am going to cover workmen compensation in Puerto Rico. I want you before I get into it, I want you to take the subject what you know about workmen comp and throw it out of the way, completely and let’s start from scratch about how it works here in Puerto Rico. I brought with me a drawing board not because it is too complicated but because I wanted to make sure I communicated in a way that it is understandable. So, let’s use the drawing board. I am going to communicate this from the perspective of someone who owns a property in Puerto Rico and is going to have to work performed in that property. The first individual I am going to include here is the property owner. I am just going to say prop owner. That’s the first layer of ownership. Below the property owner you have a builder. One arrow down you see a builder. Of course, the builder will go to the employee of the builder. You have the property owner, the builder and the employee of the builder. This is the guy, this is the individual that we are going to protect him or her but we are also protecting against. So, you are the owner and you have workmen compensation because your insurance agent told you are converable with compensation.
You bring in the builder, the builder is going to build the pool, redo the roof, whatever. The builder brings in employees and one of those employees has an accident. Fell from a stair, step on nail, whatever. Your first thought probably would be he is the employee of the builder, that’s the builder’s problem. Number 2, I have insurance. Now those things normally true, but we are in Puerto Rico, in Puerto Rico we have a state mandated workmen compensation fund. Now I have a general understanding when dealing with the government or the government people. I am the underdog and that’s life. Not how I really feel or think but that’s what I look at. Why am I the underdog? That simple puts me in the position of being a little bit more prepared.
What is the solution? If you are a property owner you must make sure of two things, number 1, that you have the state workmen compensation package. They are right, there is a workmen compensation insurance run, owned, controlled, by the state. Number 2, that your builder, contractor, builder, a repair man, whosoever is going to come to your property to work or come work for you has workmen compensation self-worker. If you do, and this builder doesn’t, that employee can sue you directly. As a matter of fact, the government, workmen compensation fund is going to sue you to recover for what they must pay to that employee for medical care, etc., because it is a good package. The workmen comp program works very well for the employee. It is there to protect the employee. The employee, not the employer, not the owner or whatever. So, you must make sure that anybody that comes to your property to perform work under contract with you that they have workmen compensation and you want them to prove it. Its not enough: “yeah, yeah I have it.” Where is your workmen comp certificate? Show it.
Now there is another piece of information that you need to know but I a going to cover that in the next video in this subject. So again, my name is Santiago Lampón, I am a lawyer and a notary in Puerto Rico. I deal mostly with real estate issues, that’s why I’m referring to workmen comp in the real estate environment. If you have any questions you can send me an email or post them on this page and I want to wish that you have a great day.