Using ‘subs of subs,’ contractors able to evade liability in construction worker deaths (TN)

Mike Reicher, USA TODAY NETWORK – Tennessee
Published 10:00 p.m. CT May 5, 2018

After his brother died falling off the roof of a North Nashville home under construction, Hermenegildo Dominguez heard nothing from the roofing subcontractor. He heard nothing from the general contractor. Nothing from an insurance company.

Typically, workers’ compensation would have covered $10,000 of funeral expenses, but Alfonso Dominguez, 60, was essentially off the books. It would cost $15,000 to fly his body to his hometown of Vera Cruz, Mexico, and bury him.

Only after the Spanish-language news site Nashville Noticias posted about the June 2017 accident on Facebook did Hermenegildo Dominguez get a response. But it wasn’t from the construction companies. Other immigrants throughout Nashville sent him donations.

Today, Dominguez, who cleans construction sites in Nashville, is less concerned about compensation: “What I really want is to get justice,” he said.

Alfonso Dominguez’s death shows how some construction companies can evade liability for accidents, especially in a booming city like Nashville. A labor shortage has led to a fracturing of work sites, where subcontractors can’t complete projects with their normal crews, so they hire small “subs of subs” below them. Workers at the bottom are sent onto scaffolding and roofs without safety equipment or training, or the assurance their families will be taken care of if they fall.

More construction workers died in the Nashville metro area in 2016 and 2017 compared with any two-year stretch in the previous three decades. Most of the 16 deaths were from falls without any harnesses or other protection.

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19th Annual NAFC Conference – Nashville, TN, Sept. 25 – 26, 2017

Available reservations are filling up quickly, get your registration form and hotel accommodations in today!

NAFC will be holding its next Annual Conference in 2017 in Music City U.S.A., Nashville, Tennessee. The Conference will be held at the Sheraton Nashville Downtown Hotel, in the heart of the city. NAFC’s National Conference is attended by several hundred participants from across the nation, including representatives from labor organizations, fair contractors, fair contracting compliance organizations as well as researchers, academics, attorneys and officials from federal, state and local governments. Stay tuned for further details and registration information coming in early 2017.

(View NAFC Conference Page)

Nashville leads new report in hazardous conditions, injury rates for construction workers

by Kaylin Searles
Tuesday, May 23rd 2017

NASHVILLE, Tenn. (WZTV) – Metro Council members, construction workers and advocates are trying to make changes in the construction industry after a new report claims that Nashville has the most hazardous conditions and the high injury rates for workers.

“Build a Better South” conducted the survey, questioning 1,400 construction workers from the Nashville area alone. The survey was also conducted in Atlanta, Charlotte, Dallas, Houston and Miami.

According to the report, one in four Nashville workers had been injured at some point in their construction career, the highest of the research cities. Ten percent of workers had been injured just in the last year.

Jackie Cornejo, with Build a Better South, said one of the most concerning points of the report for Nashville is the amount of injuries that go unreported. The study found a 12.7 percent injury rate per 100 workers annually in Tennessee, which is four times higher than the injury/illness rate reported by OSHA for the state.

Construction workers gave testimony echoing this at the news conference Tuesday. Some workers said their wages aren’t high enough to afford a health insurance plan, thus paying for treatment out of pocket or never reporting the injury.

But, about 81 percent of those injuries that were reported last year received no workers’ compensation.

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19th Annual NAFC Conference – Nashville, TN, Sept. 24 – 26, 2017

NAFC will be holding its next Annual Conference in 2017 in Music City U.S.A., Nashville, Tennessee. The Conference will be held at the Sheraton Nashville Downtown Hotel, in the heart of the city. NAFC’s National Conference is attended by several hundred participants from across the nation, including representatives from labor organizations, fair contractors, fair contracting compliance organizations as well as researchers, academics, attorneys and officials from federal, state and local governments. Stay tuned for further details and registration information coming in early 2017.

(View NAFC Conference Page)

Some contractors avoid workers’ comp to win low construction bids

Reported by Demetria Kalodimos
Posted: Feb 17, 2016 7:18 PM EST Updated: Feb 17, 2016 10:31 PM EST

NASHVILLE, TN (WSMV) –
The amount of growth in downtown Nashville requires a lot of labor, but not every worker is equally protected in case of injury.

The practice of winning low bids by avoiding workers’ compensation payments is called worker misclassification.

The Channel 4 I-Team has found the same thing uncovered nearly five years ago at the Music City Center is now happening right across the street.

In 2011, a drywall subcontractor with a large workforce was failing to deduct taxes of any kind or pay workers’ compensation or overtime.

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Tennessee OSHA & Workers’ Comp Join Forces to Educate Employers on New Reform Bill

NASHVILLE – The Tennessee Department of Labor & Workforce Development announces a series of seminars across the state explaining the Workers’ Compensation Reform Act of 2013. The Workers’ Compensation division and TOSHA will team up with the Tennessee Chamber of Commerce to deliver these seminars to educate and inform employers about the impact of the bill, including ways to avoid workplace injuries and to better handle them if they occur.

 

The information shared will be valuable to business owners, managers, HR professionals, and anyone involved in the administration of workers’ compensation claims.

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