Exam 3: Employers and Employees Under Workers Compensation

When an employee works for multiple employers, whoever hired the employee first is always required to provide workers' compensation insurance.

Don is a local handyman and works for people in his neighborhood, doing odd jobs like cleaning up yards, trimming trees, mowing lawns, and other jobs for which he receives an hourly wage of $8 per hour.He has no set hours or clients and roams through the neighborhood, seeking out anyone who needs work.One day, while working at Esther's house, he falls and is injured.He wants to file a workers' com- pensation claim and also allege that because Esther has not obtained workers' compensation coverage, she is in violation of state law.What is the most likely result in this case?

A company that acts as its own workers' compensation insurance provider:_______________.

Do subcontractors qualify as employees under workers' compensation statutes? Why or why not?

How do workers' compensation rules apply to seasonal workers?

Carla works three times a week as a maid for a private homeowner, who has no other domestic help.She is injured on the job.Does she qualify for workers' compensation benefits?

What sanctions are brought to bear on employers who do not provide workers' compensation when they are legally required to do so?

Who qualifies as an employer under workers' compensation?

Before it can be considered an employer for purposes of workers' compensation coverage, a company must employ five or more employees.

Statutes specifically define who is and who is not an employee for workers' compensation purposes.

Seasonal workers can qualify as employees under workers' compensation statutes.

What is the rule about paying workers' compensation benefits when an employee has multiple employers?

Do subcontractors qualify as employees under workers' compensation statutes? Why or why not?

One test, developed by courts, that helps determine whether or not an independent contractor qualifies as an employee: _________.

What is the rule about domestic workers and workers' compensation coverage?

Why is the classification as an independent contractor important under workers' compensation laws?

For purposes of workers' compensation, employers are defined by statutory law, not by common law.

Does the fact that benefits are a "vested" right have an impact on the court's decision? Why or why not?

The economic reality test is used to determine if a person or company qualifies as an employer under workers' compensation laws.

In Example 3-5, if Cal refers to himself as an "independent contractor," does that change the analysis? Explain your answer.