KY Power Company Immune From Tort Suit Where Tree Trimming Subcontractor’s Employee Sustained Fatal Injuries

UPS Driver May Not Sue Retail Chain for Injuries Sustained While Delivering Packages to Store

Employee of Uninsured Michigan Subcontractor May Not Sue General Contractor

UPS Employee May Not Sue KY Retailer for Injuries Sustained at Latter’s Loading Dock

Kansas General Contractor Found Liable for Benefits Owed to Uninsured Subcontractor’s Injured Worker

In a complex case that saw the Court opine on the distinction between “judicial dictum” and “obiter dictum,” the Kansas Supreme Court held that a general contractor could be liable...

IL Contractor Who Provides Coverage for Subcontractor’s Workers Not Immune From Suit

The exclusive remedy provisions of the Illinois Workers' Compensation Act (Act)—820 ILCS 305/5(a), 11— do not extend to a general contractor who paid workers’ compensation insurance premiums and benefits for...

Self-Employed Nebraska Subcontractor Not Aided by Statutory Employer Protections

A Nebraska appellate court held that a self-employed person engaged in his own self-employed business, and who elected not to bring himself within the state’s Workers’ Compensation Act, was not...

Pennsylvania Well Owner and Service Provider Were Not Statutory Employers of Truck Driver Making Delivery

In a split decision, the Superior Court of Pennsylvania held that a well owner and another firm that provided well services to the well owner were not the statutory employers...

Immunity Afforded to Ohio Subcontractors Under Contractor’s Self-Insurance Plan is Constitutional

The grant of immunity afforded to subcontractors enrolled in an Ohio contractor’s self-insurance plan [see Ohio Rev. Code Ann. § 4123.35(O)] from claims by employees of another enrolled subcontractor does...

Exempt Florida Corporate Officer of Subcontractor Barred From Suing General Contractor

An officer of a Florida corporation, who elected to be exempt from workers’ compensation coverage [see § 440.02(15)(b)(1), Fla. Stat. (2008)], and whose “employing” corporation was a subcontractor on a...

Kentucky Contractor Immune From Suit Filed by Employee of Subcontractor

Applying Kentucky’s “up-the-ladder immunity” doctrine, a state appellate court vacated a trial court’s refusal to grant summary judgment in favor of a defendant corporation that had been sued in tort...

Kentucky: Electric Cooperative Shielded From Tort Action Filed by Dependents of Deceased Employee of Subcontractor–The Fact That Ice Storm Overwhelmed Resources of Coop Did Not Mean Repair Work Was Not Part of Coop’s “Normal” Business

All but a handful of states have “statutory-employer” or “contractor-under” provisions within their workers’ compensation laws that make a general contractor liable for compensation to the employee of a subcontractor–usually...