Site Navigation

WCB Home Page
Change Font Size
Glossary of WCB Terms

Workers' Compensation
(On-the-Job Injury or Illness)


Examples of Applications Where Workers' Compensation Insurance Coverage is Generally Not Required Because the Worker is Not an Employee Under the Law

Whether a worker is covered under the WCL is always a factual determination by the Board. The following examples are intended to be illustrative and not determinative. In each case the determination of whether a worker is covered will turn on the particular facts of a case at the time of injury.

Example 1

An accountant owns her own business and has her own office. She is hired to do an annual tax return for a restaurant. This accountant is likely to be deemed not an employee under the Workers' Compensation Law. A professional that does not work on site for a business and has complete control as to when and how to accomplish the work and obtains work from many clients is generally not an employee under the Workers' Compensation Law.

Example 2

A clothing retail store owner has a broken pipe in the retail store, looked in the yellow pages of the phone book, and called a plumber to fix the pipe. The plumber comes whenever his time permits, in a company truck with the plumbing company's logo on it and brings his own materials and equipment. The plumber is generally not an employee of the clothing retail store under the Workers' Compensation Law. It may be practical for the clothing retail store owner to obtain a certificate of workers' compensation insurance from the plumber. This will help ensure that clothing retail store owner premiums are as low as possible.

Example 3

A beautician rents space from a beauty shop owner on a monthly basis. The space includes the chair, sink and other amenities. The beautician sets her own appointments, has her own license, brings her own cutting tools and orders her own supplies. She comes and goes as she pleases. This beautician is generally not an employee under the Workers' Compensation Law.

Example 4

A person who buys merchandise at a wholesale rate and sells that merchandise in addition to competitors merchandise at retail price at any location and at any time of his/her choosing is generally not an employee under the Workers' Compensation Law.

Example 5

A truck driver that owns his own truck, has his own Department of Transportation numbers printed on the truck, hauls for various businesses and operates under his own bill of lading is generally not an employee under the Workers' Compensation Law.