LANCASTER, Pa. - This Fall, the Pennsylvania Supreme Court issued a unanimous ruling that reaffirms statutory employer immunity under the Pennsylvania Workers’ Compensation Act.
Yoder v. McCarthy Construction Inc. confirms that general contractors may still claim immunity from negligence lawsuits brought by subcontractor employees.
Pennsylvania Supreme Court Reaffirms Decades Of Statutory Employer Immunity Precedent
The Court’s ruling preserves decades of established precedent by confirming that general contractors may rely on statutory employer immunity even when they did not pay workers’ compensation benefits directly to the injured worker. The decision reinforces a long-standing legal framework that Pennsylvania courts have applied to construction injury disputes.
Case Background Highlights Injury Claims And Contractor Liability Dispute
The case involved serious injuries suffered by a subcontractor employee who fell through an opening while working on the Norwood Public Library roof replacement project. After the trial court denied the contractor’s immunity defense, the Superior Court reversed the decision and ruled that the contractor qualified as a statutory employer. That ruling prompted the appeal to the Pennsylvania Supreme Court.
Court Clarifies Application Of McDonald Test And Limits On Appellate Review
The Supreme Court remanded the case because the record lacked the factual findings needed to confirm that McCarthy satisfied all five elements of the McDonald statutory employer test.
The Court emphasized that the test remains the controlling standard for determining statutory employer status and that appellate courts cannot reach conclusions without a full factual record.

About RG Injury Law
RG Injury Law is a Lancaster PA law firm focused on personal injury and workers’ compensation matters. The firm represents clients across Central Pennsylvania and supports injured workers through complex liability disputes.