{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-302.html"}],"law_id":77702,"edition_id":1,"section_id":77702,"structure_id":14058,"section_number":"65.2-302","catch_line":"Statutory employer","history":"Code 1950, \u00a7\u00a7 65-26 through 65-28; 1968, c. 660, \u00a7\u00a7 65.1-29 through 65.1-31; 1991, c. 355; 1999, c. 877.","full_text":"A\n\nWhen any person (referred to in this section as “owner”) undertakes to perform or execute any work which is a part of his trade, business or occupation and contracts with any other person (referred to in this section as “subcontractor”) for the execution or performance by or under such subcontractor 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 any compensation under this title which he would have been liable to pay if the worker had been immediately employed by him.B\n\nWhen any person (referred to in this section as “contractor”) contracts to perform or execute any work for another person which work or undertaking is not a part of the trade, business or occupation of such other person and contracts with any other person (referred to in this section as “subcontractor”) for the execution or performance by or under the subcontractor of the whole or any part of the work undertaken by such contractor, then the contractor shall be liable to pay to any worker employed in the work any compensation under this title which he would have been liable to pay if that worker had been immediately employed by him.C\n\nWhen the subcontractor in turn contracts with still another person (also referred to as “subcontractor”) for the performance or execution by or under such last subcontractor of the whole or any part of the work undertaken by the first subcontractor, then the liability of the owner or contractor shall be the same as the liability imposed by subsections A and B of this section.D\n\n1. Liability for compensation pursuant to this section may not be imposed against any person who, at the time of an injury sustained by a worker engaged in the maintenance or repair of real property managed by such person, and for which injury compensation is sought:\n\t\t\ta. Was engaged in the business of property management on behalf of the owners of such property and was acting merely as an agent of the owner;\n\t\t\tb. Did not engage in and had no employees engaged in the same trade, business or occupation as the worker seeking compensation; and\n\t\t\tc. Did not seek or obtain from such property’s owners, or from any other property 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\n\nFor purposes of this subsection, “the business of property management” means the oversight, supervision, and care of real property or improvements to real property, on behalf of such property’s owners.3\n\nFor purposes of this subsection, “property owners” or “property’s owners” means (i) owners in fee of such property or (ii) persons having legal entitlement to the use or occupation of such property at the time of the injury for which liability is sought to be imposed pursuant to this section.","order_by":null,"text":{"0":{"id":278710,"text":"When any person (referred to in this section as “owner”) undertakes to perform or execute any work which is a part of his trade, business or occupation and contracts with any other person (referred to in this section as “subcontractor”) for the execution or performance by or under such subcontractor 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 any compensation under this title which he would have been liable to pay if the worker had been immediately employed by him.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278711,"text":"When any person (referred to in this section as “contractor”) contracts to perform or execute any work for another person which work or undertaking is not a part of the trade, business or occupation of such other person and contracts with any other person (referred to in this section as “subcontractor”) for the execution or performance by or under the subcontractor of the whole or any part of the work undertaken by such contractor, then the contractor shall be liable to pay to any worker employed in the work any compensation under this title which he would have been liable to pay if that worker had been immediately employed by him.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278712,"text":"When the subcontractor in turn contracts with still another person (also referred to as “subcontractor”) for the performance or execution by or under such last subcontractor of the whole or any part of the work undertaken by the first subcontractor, then the liability of the owner or contractor shall be the same as the liability imposed by subsections A and B of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278713,"text":"1. Liability for compensation pursuant to this section may not be imposed against any person who, at the time of an injury sustained by a worker engaged in the maintenance or repair of real property managed by such person, and for which injury compensation is sought:\n\t\t\ta. Was engaged in the business of property management on behalf of the owners of such property and was acting merely as an agent of the owner;\n\t\t\tb. Did not engage in and had no employees engaged in the same trade, business or occupation as the worker seeking compensation; and\n\t\t\tc. Did not seek or obtain from such property’s owners, or from any other property 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D2"},"4":{"id":278714,"text":"For purposes of this subsection, “the business of property management” means the oversight, supervision, and care of real property or improvements to real property, on behalf of such property’s owners.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D","next_prefix":"D3"},"5":{"id":278715,"text":"For purposes of this subsection, “property owners” or “property’s owners” means (i) owners in fee of such property or (ii) persons having legal entitlement to the use or occupation of such property at the time of the injury for which liability is sought to be imposed pursuant to this section.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2"}},"ancestry":[{"id":14058,"edition_id":1,"name":"Application and Effect of Title","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:46:44","date_modified":"2026-06-26 03:46:44","permalink":{"id":276285,"object_type":"structure","relational_id":14058,"identifier":"3","token":"65.2\/3","url":"\/65.2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66375,"structure_id":14058,"section_number":"65.2-300","catch_line":"Presumption of acceptance of provisions of title; exemptions; notice and rejection","url":"\/65.2-300\/","token":"65.2\/3\/65.2-300","metadata":false},{"id":67062,"structure_id":14058,"section_number":"65.2-301","catch_line":"Victims of sexual assault","url":"\/65.2-301\/","token":"65.2\/3\/65.2-301","metadata":false},{"id":73641,"structure_id":14058,"section_number":"65.2-301.1","catch_line":"Public safety officers","url":"\/65.2-301.1\/","token":"65.2\/3\/65.2-301.1","metadata":false},{"id":67137,"structure_id":14058,"section_number":"65.2-301.2","catch_line":"Employee classification; disaster; personal protective equipment not considered","url":"\/65.2-301.2\/","token":"65.2\/3\/65.2-301.2","metadata":false},{"id":77702,"structure_id":14058,"section_number":"65.2-302","catch_line":"Statutory employer","url":"\/65.2-302\/","token":"65.2\/3\/65.2-302","metadata":false},{"id":65088,"structure_id":14058,"section_number":"65.2-303","catch_line":"Recovery from subcontractor; proceedings against owner or contractor","url":"\/65.2-303\/","token":"65.2\/3\/65.2-303","metadata":false},{"id":80625,"structure_id":14058,"section_number":"65.2-304","catch_line":"Indemnity of principal from subcontractor","url":"\/65.2-304\/","token":"65.2\/3\/65.2-304","metadata":false},{"id":77522,"structure_id":14058,"section_number":"65.2-305","catch_line":"Voluntary subjection to provisions of title; effect of taking out insurance or qualifying as self-insurer","url":"\/65.2-305\/","token":"65.2\/3\/65.2-305","metadata":false},{"id":80715,"structure_id":14058,"section_number":"65.2-306","catch_line":"When compensation not allowed for injury or death; burden of proof","url":"\/65.2-306\/","token":"65.2\/3\/65.2-306","metadata":false},{"id":55160,"structure_id":14058,"section_number":"65.2-307","catch_line":"Employee's rights under Act exclude all others; exception","url":"\/65.2-307\/","token":"65.2\/3\/65.2-307","metadata":false},{"id":73961,"structure_id":14058,"section_number":"65.2-308","catch_line":"Discharge of employee for exercising rights prohibited; civil action; relief","url":"\/65.2-308\/","token":"65.2\/3\/65.2-308","metadata":false},{"id":86684,"structure_id":14058,"section_number":"65.2-309","catch_line":"Lien against settlement proceeds or verdict in third party suit; subrogation of employer to employee's rights against third parties; evidence; recovery; compromise","url":"\/65.2-309\/","token":"65.2\/3\/65.2-309","metadata":false},{"id":80132,"structure_id":14058,"section_number":"65.2-309.1","catch_line":"Creation of lien and subrogation of employer to employee's rights to recover uninsured or underinsured motorist benefits pursuant to insurance coverage carried by and at the expense of employer","url":"\/65.2-309.1\/","token":"65.2\/3\/65.2-309.1","metadata":false},{"id":80584,"structure_id":14058,"section_number":"65.2-310","catch_line":"Protection of employer when employee sues third party","url":"\/65.2-310\/","token":"65.2\/3\/65.2-310","metadata":false},{"id":84625,"structure_id":14058,"section_number":"65.2-311","catch_line":"Expenses and attorney's fees in action under \u00a7 65.2-309 or \u00a7 65.2-310","url":"\/65.2-311\/","token":"65.2\/3\/65.2-311","metadata":false},{"id":55604,"structure_id":14058,"section_number":"65.2-312","catch_line":"False statements, representations, etc., in connection with an award; penalties","url":"\/65.2-312\/","token":"65.2\/3\/65.2-312","metadata":false},{"id":66572,"structure_id":14058,"section_number":"65.2-313","catch_line":"Method of determining employer's offset in event of recovery under \u00a7 65.2-309 or \u00a7 65.2-310","url":"\/65.2-313\/","token":"65.2\/3\/65.2-313","metadata":false}],"previous_section":{"id":67137,"structure_id":14058,"section_number":"65.2-301.2","catch_line":"Employee classification; disaster; personal protective equipment not considered","url":"\/65.2-301.2\/","token":"65.2\/3\/65.2-301.2","metadata":false},"next_section":{"id":65088,"structure_id":14058,"section_number":"65.2-303","catch_line":"Recovery from subcontractor; proceedings against owner or contractor","url":"\/65.2-303\/","token":"65.2\/3\/65.2-303","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-302\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 660; in 1991, chapter 355; in 1999, chapter 877<\/a>.<\/p>","references":[{"id":65088,"section_number":"65.2-303","catch_line":"Recovery from subcontractor; proceedings against owner or contractor","order_by":null,"url":"\/65.2-303\/"},{"id":80625,"section_number":"65.2-304","catch_line":"Indemnity of principal from subcontractor","order_by":null,"url":"\/65.2-304\/"}],"refers_to":false,"permalink":{"id":276303,"object_type":"law","relational_id":77702,"identifier":"65.2-302","token":"65.2\/3\/65.2-302","url":"\/65.2-302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-302\/","token":"65.2\/3\/65.2-302","dublin_core":{"Title":"Statutory employer","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When any person (referred to in this section as “owner”) undertakes to perform or execute any work which is a part of his trade, business or occupation and contracts<\/span> with any other person (referred to in this section as “subcontractor”) for the execution or performance by or under such subcontractor 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 any compensation under this title which he would have been liable to pay if the worker had been immediately employed by him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When any person (referred to in this section as “contractor”) contracts<\/span> to perform or execute any work for another person which work or undertaking is not a part of the trade, business or occupation of such other person and contracts<\/span> with any other person (referred to in this section as “subcontractor”) for the execution or performance by or under the subcontractor of the whole or any part of the work undertaken by such contractor, then the contractor shall be liable to pay to any worker employed in the work any compensation under this title which he would have been liable to pay if that worker had been immediately employed by him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When the subcontractor in turn contracts<\/span> with still another person (also referred to as “subcontractor”) for the performance or execution by or under such last subcontractor of the whole or any part of the work undertaken by the first subcontractor, then the liability of the owner or contractor shall be the same as the liability imposed by subsections A and B of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 1. Liability for compensation pursuant to this section may not be imposed against any person who, at the time of an injury<\/span> sustained by a worker engaged in the maintenance or repair of real property managed by such person, and for which injury<\/span> compensation is sought:\n\t\t\ta. Was engaged in the business of property management<\/span> on behalf of the owners of such property and was acting merely as an agent of the owner;\n\t\t\tb. Did not engage in and had no employees engaged in the same trade, business or occupation as the worker seeking compensation; and\n\t\t\tc. Did not seek or obtain from such property’s owners, or from any other property owners<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For purposes of this subsection, “the business of property management<\/span>” means the oversight, supervision, and care of real property or improvements to real property, on behalf of such property’s owners. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For purposes of this subsection, “property owners<\/span>” or “property’s owners” means (i) owners in fee of such property or (ii) persons having legal entitlement to the use or occupation of such property at the time of the injury<\/span> for which liability is sought to be imposed pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATUTORY EMPLOYER (\u00a7 65.2-302)\n\nA. When any person (referred to in this section as “owner”)\nundertakes to perform or execute any work which is a part of his trade, business\nor occupation and contracts with any other person (referred to in this section\nas “subcontractor”) for the execution or performance by or under\nsuch subcontractor of the whole or any part of the work undertaken by such\nowner, the owner shall be liable to pay to any worker employed in the work any\ncompensation under this title which he would have been liable to pay if the\nworker had been immediately employed by him.\n\nB. When any person (referred to in this section as “contractor”)\ncontracts to perform or execute any work for another person which work or\nundertaking is not a part of the trade, business or occupation of such other\nperson and contracts with any other person (referred to in this section as\n“subcontractor”) for the execution or performance by or under the\nsubcontractor of the whole or any part of the work undertaken by such\ncontractor, then the contractor shall be liable to pay to any worker employed in\nthe work any compensation under this title which he would have been liable to\npay if that worker had been immediately employed by him.\n\nC. When the subcontractor in turn contracts with still another person (also\nreferred to as “subcontractor”) for the performance or execution by\nor under such last subcontractor of the whole or any part of the work undertaken\nby the first subcontractor, then the liability of the owner or contractor shall\nbe the same as the liability imposed by subsections A and B of this section.\n\nD. 1. Liability for compensation pursuant to this section may not be imposed\nagainst any person who, at the time of an injury sustained by a worker engaged\nin the maintenance or repair of real property managed by such person, and for\nwhich injury compensation is sought:\n\t\t\ta. Was engaged in the business of property management on behalf of the owners\nof such property and was acting merely as an agent of the owner;\n\t\t\tb. Did not engage in and had no employees engaged in the same trade, business\nor occupation as the worker seeking compensation; and\n\t\t\tc. Did not seek or obtain from such property’s owners, or from any\nother property owners for whom such person rendered property management\nservices, profit from the services performed by individuals engaged in the same\ntrade, business or occupation as the worker seeking compensation.\n\n 2. For purposes of this subsection, “the business of property\n management” means the oversight, supervision, and care of real property\n or improvements to real property, on behalf of such property’s owners.\n\n 3. For purposes of this subsection, “property owners” or\n “property’s owners” means (i) owners in fee of such property\n or (ii) persons having legal entitlement to the use or occupation of such\n property at the time of the injury for which liability is sought to be imposed\n pursuant to this section.\n\nHISTORY: Code 1950, \u00a7\u00a7 65-26 through 65-28; 1968, c. 660, \u00a7\u00a7 65.1-29 through\n65.1-31; 1991, c. 355; 1999, c. 877.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}