BSCR obtained summary judgment on behalf of a General Contractor, Subcontractor, and Subcontractor’s Employee, on a multi-million dollar claim made by an ironworker who claimed to have been injured on a universty project. Plaintiff alleged he slipped in the mud on the jobsite and suffered a traumatic spinal cord injury leaving him completely disabled. Claims were also made for Loss of Consortium and Punitive Damages. The Court found that general contractor and its intermediate subcontractor were the statutory employers of the employee who worked for a subcontractor of the intermediate contractor, and were therefore entitled to the exclusivity protection of the workers’ compensation act even though they paid no workers compensation benefits. Additionally, the Court found that even if the general contractor and the intermediate contractor were not plaintiff’s statutory employers, then they (and their employees) would not have owed the plaintiff a duty to provide a safe workplace because that duty is the non-delegable duty of the plaintiff’s direct employer.
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