Worker's Compensation - Worker Classification

Nine Requirements Test - Independent Contractor

Requirement One - Maintain a Separate Business

The individual maintains a separate business with his or her own office, equipment, materials and other facilities.

Explanation of Requirement One

An employing unit satisfies this condition by showing that the applicant maintains some space somewhere that resembles an office or "facility" or chooses the place to perform the services. The space or facility need not be a traditional office. The individual also uses either materials or equipment that are his or her own. The individual is not choosing the location when the employing unit requires the individual to travel to a designated route, to canvass a territory within a certain amount of time or to work at specific places.

Case Studies

Case studies relevant to Requirement One based upon cases decided by the Labor and Industry Review Commission (LIRC), Wisconsin Circuit Courts and Wisconsin Appellate Courts


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