St. Angelo v. United Scaffolding, Inc./X-Serv., Inc.
40 So. 3d 365 | Louisiana Court of Appeal | 2010
What This Case Means for Subcontractors
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 Takeaways
- •A written contract explicitly naming the principal as a statutory employer will be enforced—review all contracts for this language before signing
- •If your employer's contract contains statutory employer language, you likely cannot sue the principal for negligence; workers' compensation is your exclusive remedy
- •Statutory employer status flows down through contracts—make sure you understand who qualifies and what immunity they have before work begins
Statutory employer relationship exists when written contract recognizes principal as statutory employer.
Frequently Asked Question
If my employer's contract says the project owner is a statutory employer, can I still sue the owner for injuries?
No. Once a written contract establishes statutory employer status, the owner has immunity from tort lawsuits. Your only remedy is workers' compensation through your employer. This is why you must carefully review contract language before accepting work—statutory employer clauses eliminate your right to sue the principal directly.
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