Kutcka v. Gateway Building Systems

Citations

• 990 N.W.2d 605
• 2023 ND 91

Syllabus

A general contractor is not the statutory employer of its subcontractor's employees entitling it to immunity from suit under the exclusive remedy provisions of N.D.C.C. § 65-04-28. An employee of a subcontractor operating under an agreement with a general contractor is deemed to be an employee of the general contractor for purposes of imposing liability on the general contractor for premium payments and applicable penalties when the subcontractor does not secure coverage or pay the premium owing.