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Contractor Liability for Injuries to Employee – Virginia

Under the law of Virginia, a worker may recover compensation from a subcontractor.  However, when compensation is claimed from an owner or contractor, then the owner or contractor shall be substituted for the subcontractor.  The amount of compensation in such cases shall be calculated with reference to the earnings of the worker under the subcontractor.[i]

Furthermore, the courts have held the owner of a project holds responsibility for the compensation of injured employees of contractors hired by the owner.  The owner thus became the “statutory employer” of the contractor’s employees who, in turn, were the “statutory employees” of the owner.[ii]

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[i] Va. Code Ann. § 65.2-303

§ 65.2-303. Recovery from subcontractor; proceedings against owner or contractor.

A. Nothing in §§ 65.2-302 and 65.2-304 shall be construed as preventing a worker from recovering compensation under this title from a subcontractor (as described in § 65.2-302) instead of from the principal contractor (as described in § 65.2-302) but he shall not collect from both.

B. When compensation is claimed from or proceedings are taken against the owner or contractor (as described in § 65.2-302), then, in the application of this title, reference to the owner or contractor shall be substituted for reference to the subcontractor (as described in § 65.2-302), except that the amount of compensation shall be calculated with reference to the earnings of the worker under the subcontractor by whom he is immediately employed.

(Code 1950, §§ 65-29, 65-31; 1968, c. 660, §§ 65.1-32, 65.1-34; 1991, c. 355.)

[ii] Farish v. Courion Indus. Inc., 722 F.2d 74 (4th Cir. 1983).


Inside Contractor Liability for Injuries to Employee – Virginia