Subcontractor Employee

As a general rule, if a subcontractor’s employee is injured by the subcontractor’s negligence, the employee cannot sue the general contractor.

Example: 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