Thursday, January 4, 2007
Tests for a Statutory Workers' Compensation Co-employeer
The usual requirements for establishing a firm as a statutory WC co-employer of a contractor are (1) there has to be a contract covering the work, (2) the injury has to occur on or about property owned by the co-employer, and (3) the work must be in the "usual course of business" of the co-employer/firm. There is a four-pronged test for figuring out whether or not the work performed is part of the usual course of business. These are as follows: (1) the type of work is routinely done at the co-employing firm, (2) the type of work is on a regular and frequent schedule, (3) the contract covering the work contemplates that the work will be repeated over a relatively short time period, and (4) the work, if not performed by the contractor, would be needed to be performed by the firm's own employees.
Posted by Carl Southwell at Thursday, January 04, 2007