LA STATELouisiana Court of Appeal
2010

St. Angelo v. United Scaffolding, Inc./X-Serv., Inc.

40 So. 3d 365Louisiana Court of Appeal • Decided 2010Enforced

HOLDING

Two workers employed by S.J. Owens Enterprises were injured in an explosion at the Chalmette Refinery and sued ExxonMobil and Chalmette Refining for negligence. The court ruled that both companies qualified as statutory employers under Louisiana law because their written contracts with S.J. Owens recognized them as such. This gave them immunity from tort lawsuits, meaning workers' compensation became the workers' only remedy. For subcontractors, this means your client's principal can pass statutory employer status to the project owner through contract language, limiting your ability to sue for injuries.

KEY FINDINGS

Insurance Requirements

A written contract explicitly naming the principal as a statutory employer will be enforced—review all contracts for this language before signing

Flow-Down

If your employer's contract contains statutory employer language, you likely cannot sue the principal for negligence; workers' compensation is your exclusive remedy

FULL COURT OPINION