JAN 04 2007

Tests for a Statutory Workers’ Compensation Co-employer


The usual requirements for establishing a firm as a statutory WC co-employer of a contractor are

  1. there has to be a contract covering the work,
  2. the injury has to occur on or about property owned by the co-employer, and
  3. 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:

  1. the type of work is routinely done at the co-employing firm,
  2. the type of work is on a regular and frequent schedule,
  3. the contract covering the work contemplates that the work will be repeated over a relatively short time period, and
  4. the work, if not performed by the contractor, would be needed to be performed by the firm’s own employees.
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