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Subcontractor Employees
As a general rule, if a subcontractor’s employee is injured by the subcontractor’s negligence, the employee cannot sue the general contractor.
In Toland v. Sunland Housing Group, Inc., a subcontractor’s employee was seriously injured on the job as a result of the subcontractor’s negligence. He filed for workers’ compensation benefits. The employee also sued the general contractor in civil court, claiming that the general contractor did not require the subcontractor to take adequate precautions. The court ruled that it would be unfair to subject the general contractor to civil litigation when the subcontractor, who controlled the work, could not be subjected to civil litigation because of the rule of workers’ compensation exclusivity.
The courts have applied the same protection to the property owner,even though its general contractor failed to ensure that a subcontractor whose employee was injured maintained workers’ compensation insurance.
In McKown v. Wal-Mart Stores, Inc., the California Supreme Court stated that when a hiring organization provides faulty equipment to a contractor’s employee, the hiring organization can be held liable in civil court for injuries the equipment caused.
In Hooker v. Department of Transportation, the court held that when a hiring company that retains control of safety in the work environment and is negligent in exercising that control, the hiring company can be held liable for any injuries that occur as a result. In this particular case, however, no liability was found. An employer can delegate to a contractor the duty to ensure the safety of the specific workplace that is the subject of the contract.
In Seabright Insurance Company v. U.S. Airways, Inc., an airline hired an independent contractor to maintain and repair a conveyor used to move luggage. The conveyor lacked certain safety guards required by applicable regulations. An employee of the contractor was inspecting the conveyor and his arm got caught in its moving parts.
The issue was whether the airline could delegate the duty to provide a safe workplace to its contractor, with respect to the safety of the contractor's employees. The California Supreme Court held that it could. The court noted that the general rule is that when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work.
By hiring an independent contractor, the hirer implicitly delegates to the contractor any tort law duty it owes to the contractor’s employees to ensure the safety of the specific workplace that is the subject of the contract. The court emphasized that the airlines owed its own employees a non-delegable duty to provide a safe workplace. But the employees of the independent contractor could not look to U.S. Airways for relief.
In Toland v. Sunland Housing Group, Inc., a subcontractor’s employee was seriously injured on the job as a result of the subcontractor’s negligence. He filed for workers’ compensation benefits. The employee also sued the general contractor in civil court, claiming that the general contractor did not require the subcontractor to take adequate precautions. The court ruled that it would be unfair to subject the general contractor to civil litigation when the subcontractor, who controlled the work, could not be subjected to civil litigation because of the rule of workers’ compensation exclusivity.
The courts have applied the same protection to the property owner,even though its general contractor failed to ensure that a subcontractor whose employee was injured maintained workers’ compensation insurance.
In McKown v. Wal-Mart Stores, Inc., the California Supreme Court stated that when a hiring organization provides faulty equipment to a contractor’s employee, the hiring organization can be held liable in civil court for injuries the equipment caused.
In Hooker v. Department of Transportation, the court held that when a hiring company that retains control of safety in the work environment and is negligent in exercising that control, the hiring company can be held liable for any injuries that occur as a result. In this particular case, however, no liability was found. An employer can delegate to a contractor the duty to ensure the safety of the specific workplace that is the subject of the contract.
In Seabright Insurance Company v. U.S. Airways, Inc., an airline hired an independent contractor to maintain and repair a conveyor used to move luggage. The conveyor lacked certain safety guards required by applicable regulations. An employee of the contractor was inspecting the conveyor and his arm got caught in its moving parts.
The issue was whether the airline could delegate the duty to provide a safe workplace to its contractor, with respect to the safety of the contractor's employees. The California Supreme Court held that it could. The court noted that the general rule is that when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work.
By hiring an independent contractor, the hirer implicitly delegates to the contractor any tort law duty it owes to the contractor’s employees to ensure the safety of the specific workplace that is the subject of the contract. The court emphasized that the airlines owed its own employees a non-delegable duty to provide a safe workplace. But the employees of the independent contractor could not look to U.S. Airways for relief.