What are some tests that courts apply to the question of whether or not a person qualifies as an independent contractor?
What will be an ideal response?
True the courts will pose two questions. If the answer to either of the court’s questions is yes, then the person is an employee, not an independent contractor and is therefore protected by workers’ compensation statutes. The questions are:
• Does the employer have the right to control how the employee actually did thejob?
If the answer is yes, then the person is an employee and is covered by workers’ compensation. If the answer is no, then he or she is an independent contractor and does not fall under the jurisdiction of state workers’ compensation laws.
• Is the worker substantially economically dependent on the employer?
If the answer is yes, then the person is considered to be an employee and must be provided with workers’ compensation benefits. If the answer is no, then the person is an independent contractor.
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