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Worker's Compensation - Worker Classification

Independent Contractor

Under s. 102.07(8) of the Worker's Compensation Act, a person is required to meet a nine part test before he or she is considered an independent contractor rather than an employee. A person is not an independent contractor for worker's compensation purposes just because he or she says they are, or because the contractor over them says so, or because they both say so, or even if other regulators (including the federal government and other state agencies) say so.

The nine-part statutory test set forth under s. 102.07(8) of the Act, must be met before a person working under another person is considered not to be an employee. To be considered an independent contractor and not an employee, an individual must meet and maintain all nine of the requirements.

The worker's compensation employment relationship will be determined, in each case, solely by the evidentiary facts relating to the nine-point statutory test. Any worker's compensation claim filed by an independent contractor injured while performing services under these conditions is determined on a case-by-case basis according to the facts and circumstances at the time of injury.

The worker must meet the requirements of all nine sections be classified as an independent contractor. Even if the worker meets the conditions of eight of the nine requirements and fails to meet only one requirement, the worker is an employee.

Every employment situation is unique. The employer must carefully analyze the services provided by the worker and the relationship between the employer and the worker. The employer must then compare them against all of the requirements in the nine part test.

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