Guidance from a Connecticut Workers’ Compensation Attorney
Although the concept behind workers’ compensation is simple, it can become complicated when there is not a clear delineation of who is the employer and who is the employee. Due to more flexible business models, independent contractors, and third-party temp agencies, the traditional employer/employee model is changing, and it will take more significant legal work to establish who is responsible if an employee is injured on the job.
If you are in the middle of a situation in which it is unclear who is responsible for your injuries on a job, call (203) 753-7300. The Law Offices of James A. Welcome can help walk you through your options.
What Defines an Employer/Employee Relationship?
A court will look at a range of factors to establish whether an employer/employee relationship exists and then to determine who is responsible for injury on the job.
Some of the following factors are used to determine this relationship include:
- The person who is employed by one entity can be transferred to function as an employee of a second entity.
- The transferred employee can only become “employed” by the second employer if the original employer grants that the second employer can control the employee’s work and manner of performance.
- Even if the right to control the employee’s performance is never used, it is enough to establish an employer/employee relationship.
For the employee to be considered still employed to the original employer, the original employer must retain the right to select the employee to be transferred or loaned to another employer, to remove that employee at any given time, and to replace that employee if needed. In addition, if there is no definite period of employment by the second employer, the loaned employee would still be considered an employee of the original employer.
Ultimately, one of the biggest factors in determining who is the employer in any given situation is the level of control that the employer has over an employee.
Clear Up Confusion with the Law Offices of James A. Welcome
Establishing a clear contract or ensuring that a compensation program is in place for temp workers or independent contractors can help mitigate legal confusion if an injury occurs on the job. However, if you are not sure about your standing in an employer/employee relationship, get in touch with the workers’ compensation team from our firm as soon as possible. Backed by years of experience, we can work through the most complicated workers’ comp cases.
Contact us today to learn more about your case.