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When am I considered an employee?

When am I considered an employee?

Posted by Thomas Brown | Oct 28, 2019 | 0 Comments

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.

About the Author

Thomas Brown

Attorney Thomas F. Brown, II has more than four decades of experience representing injured workers and helping them obtain the income benefits and medical treatment they need and deserve. Tom primarily practices in the workers' compensation area, representing injured workers exclusively. He also...


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