Unique Workers' Compensation Aspects of Independent Contractors and Traveling Employees
Gain insight into determining whether a worker is in an employment relationship at the time of an injury.
While the decision of whether or not to pay a workers’ compensation claim is multi-factored, high on the list of elements is whether the injured worker was in the course and scope of employment. And as black and white an issue as that might seem to be, it is not always so cut and dry. There will be times a worker is designated an “independent contractor” and thus ineligible for workers’ compensation benefits. But the worker may claim that despite the classification, they were an “employee” and entitled to workers’ compensation benefits. Then there is the ever-thorny issue of whether a worker that sustained an injury outside of the workplace was considered a traveling employee, which would likely make any claim for benefits for the injury compensable. This white paper reviews master-servant relationship components that are critical in making judgment calls on compensability.
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