When Am I Considered an Employee?

In a rather unusual case a person was interviewing for a job as a Paramedic/First Responder. She was given extensive physical testing that must be successfully completed BEFORE she was hired. During the testing, this person injured her knee and wanted the workers' compensation insurance company of the “new” company to pay for the injury and the loss.

The workers' compensation Judge said no employment relationship had yet to be established. This was not job training and she was not guaranteed employment even if she had successfully completed the physical testing. The employer did not gain an economic advantage as a result of this testing. Nor did this applicant treat real patients or transport patients. This physical testing was conducted as a pre requisite to being hired.

The Judge felt that employment would only be established if all of the prerequisite had been accomplished and a job offer made. The injury occurred before all these conditions were met. The Appellate Division of the State Board of Workers' Compensation concurred 3-0.


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