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In any workers compensation case it is important to first establish the employment relationship. It is mandatory that an employer provide certain basic workers compensation insurance coverage. The workers compensation act does not require employers to cover non employee such as independent contractors. In the event an employee is injured on-the-job and the commission finds that there is employment relationship and that the employer has workers compensation insurance coverage, the injured workers sole remedy is provided through workers compensation act.
The determination of whether an employment relationship exists between injured claimant and the employer is of paramount importance in deciding whether the injured employee is entitled to workers compensation benefits. To determine whether or not there is an employer/employee relationship the central issue is to ascertain whether the employer has the right to control and direct the employee in the manner and performance of the work. The court will consider such things as who has the power to hire, who sets the wages, who has the power to terminate, who has the power to control the claimant's conduct and whether the work performed by the claimant is part of the employer's regular work. Additionally the court will consider whether the work performed by the claimant is usually done under the employer's direction or by unsupervised specialist. Also the skill required by the occupation and whether the parties believe they were creating an employer/employee relationship is considered. The type and manner of evidence considered by the court involves inquiry into who supplied the claimant with tools. Who trained the claimant. What was the basis of the claimant wages and are taxes and security contributions withheld by the employer.
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