“There’s an opinion in the Supreme Court decision that said subcontractors being uninsured for workers’ compensation is ‘rare,’ but I wouldn’t call it rare,” Prinsen says. “It happens. The results of that can be substantial.”

The Patton case might serve as a reminder for subcontractors of all kinds, even sole proprietorships, that they will need workers’ compensation insurance.

“If you hire someone, you must have workers’ compensation insurance,” says Matthew Masone, a partner with Severance Burko Spalter & Masone, in New York City. “It is your responsibility even if you have picked up a day labor off the street, just for a day’s work.”