A lawyer with almost 30 years of experience, Claire C. Carr is the vice president and managing partner of Kalbaugh, Pfund & Messersmith, PC, in Richmond, VA. Having defended corporate clients in nearly 75 jury trials, Claire C. Carr is skilled at representing employers and insurance carriers in worker’s compensation cases.

Many people have questions about recourse if they are injured when working for an uninsured contractor. A recent ruling by the Virginia Supreme Court sheds some light on the topic. To establish the liability of an entity, a claimant must show that the contracted work was performed for a statutory employer.

To assign liability to the company that hired the contractors, the claimant must show that the relevant project fell within the trade, business, or occupation of the company, making it a statutory employer. For instance, if a law firm is contracting the construction of a new building, the law firm would not be a statutory employer of subcontractors unless staff members of the law firm were actively directing the construction.