Code of Virginia
Chapter 3 - Application and Effect of Title
§ 65.2-303. Recovery from subcontractor; proceedings against owner or contractor

A. Nothing in §§ 65.2-302 and 65.2-304 shall be construed as preventing a worker from recovering compensation under this title from a subcontractor (as described in § 65.2-302) instead of from the principal contractor (as described in § 65.2-302) but he shall not collect from both.
B. When compensation is claimed from or proceedings are taken against the owner or contractor (as described in § 65.2-302), then, in the application of this title, reference to the owner or contractor shall be substituted for reference to the subcontractor (as described in § 65.2-302), except that the amount of compensation shall be calculated with reference to the earnings of the worker under the subcontractor by whom he is immediately employed.
Code 1950, §§ 65-29, 65-31; 1968, c. 660, §§ 65.1-32, 65.1-34; 1991, c. 355.

Structure Code of Virginia

Code of Virginia

Title 65.2 - Workers' Compensation

Chapter 3 - Application and Effect of Title

§ 65.2-300. Presumption of acceptance of provisions of title; exemptions; notice and rejection

§ 65.2-301. Victims of sexual assault

§ 65.2-301.1. Public safety officers

§ 65.2-301.2. Employee classification; disaster; personal protective equipment not considered

§ 65.2-302. Statutory employer

§ 65.2-303. Recovery from subcontractor; proceedings against owner or contractor

§ 65.2-304. Indemnity of principal from subcontractor

§ 65.2-305. Voluntary subjection to provisions of title; effect of taking out insurance or qualifying as self-insurer

§ 65.2-306. When compensation not allowed for injury or death; burden of proof

§ 65.2-307. Employee's rights under Act exclude all others; exception

§ 65.2-308. Discharge of employee for exercising rights prohibited; civil action; relief

§ 65.2-309. Lien against settlement proceeds or verdict in third party suit; subrogation of employer to employee's rights against third parties; evidence; recovery; compromise

§ 65.2-309.1. 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

§ 65.2-310. Protection of employer when employee sues third party

§ 65.2-311. Expenses and attorney's fees in action under § 65.2-309 or § 65.2-310

§ 65.2-312. False statements, representations, etc., in connection with an award; penalties

§ 65.2-313. Method of determining employer's offset in event of recovery under § 65.2-309 or § 65.2-310