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Nichols v. Jacobsen Const., Inc., 2016 UT 19 (Mar. 23, 2013)

Mar 23, 2016

Employee of subcontractor was hurt when scaffolding fell on him. He filed civil claims against the general contractor. The general contractor asserted Workers’ Compensation Act immunity pursuant to the “eligible employer” statute, which requires that the contractor “secure[] the payment of workers’ compensation benefits.” The court held that a contractor “secures the payment of workers’ compensation benefits” and is immune if it provides its subcontractors and their employees with a qualifying insurance policy, regardless of who actually pays the workers’ compensation benefits.