Are the activities being performed by the workers an integral part of the employers regular business?
If the response to these questions is in the affirmative, then a statutory employee-employer relationship exists, and the employer must provide workers’ compensation coverage for that worker. III. EXAMPLES: The following examples may prove helpful when determining whether a worker is properly classified as an employee or an independent contractor for workers’ compensation purposes. 1. Under the “right to control” test, a truck driver is an employee when the company/employer exerts the requisite amount of control over their drivers. Specifically, if the employer instructs the driver on maintaining, parking and loading the truck; provides specific travel routes to the driver; instructs him not to drive during inclement weather; pays all maintenance and fuel costs for the truck and handles all contracting with third parties; then the employer controls the truck‑driving activities. Therefore, an employee‑employer relationship exists between the parties and workers’ compensation is required
Related Questions
- CCGA Presidents and Business Managers are frequently conducting CCGA activities outside of regular business hours (during evenings & weekends). Are they considered on authorized activity at all time?
- Are the activities being performed by the workers an integral part of the employers regular business?
- How much can an employer limit employees outside business activities?
