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
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
§ 65.2-306. 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
§ 65.2-310. 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