Legal Insight: Avoiding the Double-Dip: Application of the Privette-Toland Doctrine Beyond the Construction World

As a business or homeowner, there is always a risk of being sued if someone is injured on the job or on your property. Employees are likely covered by workers’ compensation insurance if they are injured on the job. The injured worker cannot then “double-dip” by separately suing their employer. However, independent contractors previously had the opportunity to “double-dip” for their injuries. The Privette-Toland doctrine emerged to avoid this by creating a rebuttable presumption that the subcontractor could not recover from the general contractor or landowner.