The usual requirements for establishing a firm as a statutory WC co-employer of a contractor are
- there has to be a contract covering the work,
- the injury has to occur on or about property owned by the co-employer, and
- the work must be in the “usual course of business” of the co-employer/firm.
There is a four-pronged test for figuring out whether or not the work performed is part of the usual course of business. These are as follows:
- the type of work is routinely done at the co-employing firm,
- the type of work is on a regular and frequent schedule,
- the contract covering the work contemplates that the work will be repeated over a relatively short time period, and
- the work, if not performed by the contractor, would be needed to be performed by the firm’s own employees.