If a subcontractor lacks workers' compensation coverage and an employee is injured on a job site, which party is primarily responsible for injuries?

If a subcontractor lacks workers' compensation coverage and an employee is injured on a job site, which party is primarily responsible for injuries?

• A. The employee only
• B. The client
• C. The prime contractor must take responsibility
• D. The subcontractor only

Answer: (C)

In California, the obligation to provide workers’ compensation follows the workers on the job. If a subcontractor doesn’t carry workers’ comp coverage, the general or prime contractor who hires and oversees the work becomes primarily responsible for ensuring benefits are paid to the injured employee. The prime contractor has control over the site and the on-site employment relationships, so the law assigns them the duty to secure coverage or otherwise cover the workers’ compensation obligations. The client (property owner) isn’t automatically the primary party responsible here, and the subcontractor isn’t the primary party if they lack coverage, since the prime contractor is the one in charge of the on-site operations.