Why the Employment Relationship Is So Pivotal in a Workers’ Compensation Case
Posted on by Colin Mahon
One of the most critical issues in a workers’ compensation case is the employment status of the injured worker. This is an essential issue because the Workers’ Compensation Commission has no jurisdiction over a case if there is no employment relationship between the worker and the employer. Thus, even if a worker is severely injured at the workplace, no workers’ compensation coverage will be afforded unless the worker is an employee.
The Connecticut Workers’ Compensation Act defines who an employee is. These definitions are very detailed and encompass most full-time and part-time workers. Examples of people who are not employees include casual employees, employees working in a private home for less than 26 hours per week, and corporate officers who opt out of coverage. The definitions of employees, which are found in General Statutes § 31-275, should always be the starting point whenever a claim for workers’ compensation benefits is made.
One of the big questions that often arises is whether the injured worker is an employee or an independent contractor. An independent contractor is a worker who is self-employed and who provides services to clients under a contract. In Connecticut, an independent contractor will not be entitled to workers’ compensation benefits, and the Commission will have no jurisdiction over such a worker’s claims. The injured worker has the burden of showing that he or she is an employee.
The Workers’ Compensation Commission decides this issue by applying something called the “right to control” test. This is a judge-made legal test used to determine if the employer retains the general authority to direct what the worker shall do and when and how it should be done. If the employer retains the right to control, then the worker will generally be considered an employee and not an independent contractor.
Application of the test is very dependent on the facts of the given situation. The judge will look at many factors to decide if the employer has retained the right of general control of the work, including:
• Extent of control
• Engagement in distinct occupation or business
• Whether occupation usually requires direction
• Skill required for the work
• Who supplies tools, equipment and place for work
• Length of employment period
• Method of payment
• Payment of business or travel expenses
• Tax treatment of wages
• The right of the employer to terminate or dismiss the worker from the job
The judge must consider all these factors to decide the case. Often, this must be done in the context of a formal trial with the introduction of evidence like witness testimony and documents. This is an issue that can literally make or break your case.
If you have been hurt at work and are not sure if you are an employee, you should contact an attorney for guidance and advice.