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 be based on the particular facts of a case at the time of the injury.
An accountant owns their own business and has their own office. The accountant 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.
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 comes with their 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.
A hair stylist rents space from a beauty shop owner on a monthly basis. The space includes the chair, sink and other amenities. The hair stylist sets their own appointments, has their own license, brings their own cutting tools and orders their own supplies. The hair stylist comes and goes as they please. This hair stylist is generally not an employee under the Workers' Compensation Law.
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 their choosing is generally not an employee under the Workers' Compensation Law.
A truck driver who owns their own truck, has their own Department of Transportation numbers printed on the truck, hauls for various businesses and operates under their own bill of lading is generally not an employee under the Workers' Compensation Law.