Under workers' compensation, a person rendering service for another, other than as an independent contractor, is presumed to be what?

Under workers' compensation, a person rendering service for another, other than as an independent contractor, is presumed to be what?

• A. An independent contractor
• B. An employee
• C. A volunteer
• D. A partner

Answer: (B)

In workers’ compensation, there is a default presumption that someone who renders service for another is an employee, unless they are clearly an independent contractor. This helps ensure that the person injured on the job has access to workers’ comp benefits and that the employer cannot escape coverage simply by labeling the worker differently. The employer would need to prove independent contractor status if challenged. If the worker truly operates as an independent contractor, they would typically arrange their own coverage or be exempt; but without that status, the presumption is that the person is an employee. This distinguishes employees from volunteers, who aren’t covered by workers’ comp, and from partners, who aren’t treated as employees for this purpose.

In workers’ compensation, there is a default presumption that someone who renders service for another is an employee, unless they are clearly an independent contractor. This helps ensure that the person injured on the job has access to workers’ comp benefits and that the employer cannot escape coverage simply by labeling the worker differently. The employer would need to prove independent contractor status if challenged.

If the worker truly operates as an independent contractor, they would typically arrange their own coverage or be exempt; but without that status, the presumption is that the person is an employee. This distinguishes employees from volunteers, who aren’t covered by workers’ comp, and from partners, who aren’t treated as employees for this purpose.