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.
Notes of Decisions
MARK FIVE CONST. v. Castle Contractors, 645 S.E.2d 475 (Va. 2007).
· cites it 2× “2-302 or § 65.2-303" to seek "indemnity from any person who would have been liable to pay compensation to the worker independently of such sections.”
Ayers v. White, 77 Va. Cir. 302 (King William Cir. Ct. 2008).
· cites it 12× “The issues before the court are (1) whether the Plaintiff has stated a cause of action in Count II of his Complaint that the Court may consider under Virginia Code § 65.2-303 and (2) whether the Plaintiffs common law tort action in Count III is barred by the exclusivity…”
Hatcher v. Higgins Elec., Inc. of Dothan (W.D. Va. 2022).
· cites it 3× “Va. Code § 65.2-303(C). Taken together, these provisions exclude from liability under the Workers’ Compensation Act persons, other than general contractors, who contract-out work they would not ordinarily perform, while preserving liability for others.”
EN & SH Props., LLC v. Milton Gristo (Va. Ct. App. 2023).
· cites it 2× “2-302 or Code § 65.2-303 “shall be entitled to indemnity from any person who would have been liable to pay compensation to the worker independently of such sections .”
Presley v. Shine Elec. Grp. (S.D.W. Va 2020).
“2-304 shall be construed as preventing a worker from recovering compensation under this title from a subcontractor (as described in §65.”
Olliver v. Richmond Imports, Inc., 36 Va. Cir. 386 (Richmond County Cir. Ct. 1995).
“2-302, § 65.2-303, and § 65.2-304. To be an “other party” within the meaning of § 65.”
Va. Code Ann. § 65.2-303(C): 1 case
Hatcher v. Higgins Elec., Inc. of Dothan (W.D. Va. 2022).
“Va. Code § 65.2-303(C). Taken together, these provisions exclude from liability under the Workers’ Compensation Act persons, other than general contractors, who contract-out work they would not ordinarily perform, while preserving liability for others.”
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