What happens if a domestic servant or a home-care provider is injured and there is a dispute as to whether or not the person is an employee covered by the Act?
Both a temporary help agency and an employee leasing company is the employer for worker’s compensation purposes of any employee whom it places, loans or leases to another employer. Section 102.01(2)(f) of the Act, defines “temporary help agency” as an employer who places its employee with or leases its employees to another employer who controls the employee’s work activities and compensates the first employer for the employee’s services, regardless of the duration of the services. Under s. 102.04(2m) of the Act, a temporary help agency is the employer of an employee whom the temporary help agency has placed with or leased to another employer that compensates the temporary help agency for the employee’s services. A temporary help agency is liable for all compensation payable under the Act to that employee. Employee leasing companies that lease employees to other employers are responsible for worker’s compensation benefits in the same way that temporary help agencies are. If a temporary
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