Workers’ Compensation · Primary-source case analysis

WMATA: A General Contractor Securing Longshore Benefits Received Tort Immunity

By Aneeta Mishra and Timothy Chan

Published August 15, 2026

Washington Metropolitan Area Transit Authority v. Johnson arose from a comprehensive wrap-up compensation policy covering subcontractor employees injured during construction of the Washington Metro system.

The contractor insured the entire construction project

WMATA purchased a policy covering employees of subcontractors, including workers whose direct employers had not secured separate Longshore coverage. The injured workers received statutory awards and then sued WMATA in tort.

Sections 4 and 5 link compensation responsibility and immunity

The Act makes a contractor secondarily liable when a subcontractor fails to secure compensation and ordinarily substitutes compensation liability for tort liability of the responsible employer.

Advance wrap-up coverage did not forfeit immunity

The Court rejected the argument that immunity arose only after a subcontractor first defaulted. Securing coverage up front satisfied the statutory protection and furthered reliable compensation payment.

Contract and statutory status still matter

The Court restored summary judgment for WMATA. Modern projects require analysis of actual policy terms, contractor-subcontractor relationships, statutory amendments, borrowed-employment rules, and applicable state remedies.

Key takeaways

• Identify which entity secured the operative compensation policy.
• Trace contractor, subcontractor, and employee relationships.
• Confirm that the injury and employer fall within the Longshore Act.
• Coordinate statutory benefits, indemnity provisions, and tort-immunity defenses.