In that case, the contractor has a benefit never before given – an assumption that the negligence case must be dismissed – even though the two parties have never given any indication that they had an employer/employee relationship. To resolve these matters, the WCB is given exclusive power to determine if such a relationship exists.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, New York. He is a frequent writer and speaker, and has represented employers in the areas of workers' compensation, Social Security disability, employee disability plans, and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.