Worker's Compensation - Worker Classification

Nine Requirements Test - Independent Contractor

Requirement Three - Operate Under Specific Contracts

The individual operates under contracts to perform specific services or work for specific amounts of money and under which the independent contractor controls the means of performing the services or work.

Explanation of Requirement Three

An employing unit satisfies this requirement by showing that the applicant operates under contracts to perform specific services or work both for specific amounts of money and under which the independent contractor controls the means of performing the services or work.

The contracts may be either written or verbal.

An independent contractor controls how he or she performs the work. An employer does not generally provide an independent contractor with instructions on how to perform the work.

An independent contractor is free to set his or her own hours. An independent contractor is free to determine in what order or sequence to perform his or her duties. An employee is required by the employer to perform his or her services at times or in a particular order or sequence established by the employer.

Case Studies

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


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