Client Alert: General Contractors Face Increased Exposure Following Alterations to the Statutory Employer Defense

Articles & Publications

June 28, 2012

In a recent opinion, the Pennsylvania Superior Court materially altered a dispositive defense that had been available for decades to general contractors sued following injury to an employee of one of their contractually retained subcontractors. The statutory employer defense may no longer be available if the injured party is deemed an "independent contractor" of the general contractor, as opposed to its "employee." General contractors and entities that may owe the general contractor defense and indemnity should beware because their collective exposure has increased.

Read Rich Godshall's article to learn more about changes to the statutory employer defense.