65.2-302 - Statutory employer.
§ 65.2-302. Statutory employer.
A. When any person (referred to in this section as "owner") undertakes toperform or execute any work which is a part of his trade, business oroccupation and contracts with any other person (referred to in this sectionas "subcontractor") for the execution or performance by or under suchsubcontractor of the whole or any part of the work undertaken by such owner,the owner shall be liable to pay to any worker employed in the work anycompensation under this title which he would have been liable to pay if theworker had been immediately employed by him.
B. When any person (referred to in this section as "contractor") contractsto perform or execute any work for another person which work or undertakingis not a part of the trade, business or occupation of such other person andcontracts with any other person (referred to in this section as"subcontractor") for the execution or performance by or under thesubcontractor of the whole or any part of the work undertaken by suchcontractor, then the contractor shall be liable to pay to any worker employedin the work any compensation under this title which he would have been liableto pay if that worker had been immediately employed by him.
C. When the subcontractor in turn contracts with still another person (alsoreferred to as "subcontractor") for the performance or execution by orunder such last subcontractor of the whole or any part of the work undertakenby the first subcontractor, then the liability of the owner or contractorshall be the same as the liability imposed by subsections A and B of thissection.
D. 1. Liability for compensation pursuant to this section may not be imposedagainst any person who, at the time of an injury sustained by a workerengaged in the maintenance or repair of real property managed by such person,and for which injury compensation is sought:
a. Was engaged in the business of property management on behalf of the ownersof such property and was acting merely as an agent of the owner;
b. Did not engage in and had no employees engaged in the same trade, businessor occupation as the worker seeking compensation; and
c. Did not seek or obtain from such property's owners, or from any otherproperty owners for whom such person rendered property management services,profit from the services performed by individuals engaged in the same trade,business or occupation as the worker seeking compensation.
2. For purposes of this subsection, "the business of property management"means the oversight, supervision, and care of real property or improvementsto real property, on behalf of such property's owners.
3. For purposes of this subsection, "property owners" or "property'sowners" means (i) owners in fee of such property or (ii) persons havinglegal entitlement to the use or occupation of such property at the time ofthe injury for which liability is sought to be imposed pursuant to thissection.
(Code 1950, §§ 65-26 through 65-28; 1968, c. 660, §§ 65.1-29 through 65.1-31;1991, c. 355; 1999, c. 877.)