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When is an Employee Not an Employee? |
Workers' compensation policies apply only to injuries to employees arising out of and in the course of the employment by the insured, as provided in the applicable state workers' compensation statutes. In Workers' Compensation Part One of the National Council on Compensation Insurance (NCCI) there are few exclusions or definitions to aid the adjuster in determining who is an insured and who is an employee.
There are all sorts of employees, and not all may be included within a state's workers' compensation statute. There are casual employees, temporary employees, leased employees, borrowed employees, contract employees. Different rules apply in different jurisdictions. The adjuster's job of determining a right to compensation may not be as simple as it sounds. |
| In one Minnesota court dispute the issue involved the question of a "borrowed employee." A tank company retained the services of a crane company to move parts of a water tower. An employee of the crane company was sent to the job site to be sure that the crane functioned properly, and to prepare the crane for transport. When the lifting was completed, the tank company foreman signed the crane operator's time sheets, and then a lifting lug fell and struck the crane company's employee who had been sent to oversee the job on the arm, causing serious injury. The injured crane company employee sued the tank company, which defended on the basis that the crane company's employee was a loaned or borrowed employee, and that workers' compensation was the exclusive remedy. |
| The court analyzed the state's loaned employee doctrine rules and determined that it did not apply in this case. First, the employee had not contracted or consented to work for the tank company, nor had the tank company supervised his work. Further, he was not doing work for the tank company. The summary judgment originally awarded to the tank company was reversed. |
| Knowing the ins and outs of who is and is not an employee, and how to produce the evidence to support that decision, is part of what is taught by Crawford Educational Services. Whether in a classroom setting or in an on-line program, detailed workers' compensation instruction, with emphasis on how to understand the laws in any particular jurisdiction, is the key to successful and accurate settlements. For complete course listings, visit our website. |
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Upon completion of training, the entry level casualty adjuster will have been exposed to the knowledge and technical skills necessary to enable them to handle casualty claims while under supervision. |
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Basic Property December 8-10
This course combines an online pre-study and a classroom, instructor led, skill application lab. Classroom courses will be three (3) days long for the remaining sessions in 2008 and increase to five (5) day classes starting in 2009. Upon completion of training, the entry level property or catastrophe adjuster will have been exposed to knowledge and technical skills necessary to enable them to evaluate, estimate and handle homeowners' property claims, under supervision.
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At Crawford Educational Services, you'll get hands-on training from our expert instructors. We offer classes in property, casualty, and workers' compensation in our classroom facility in Atlanta, as well as customized programs at your location. | |
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Take Note! is a marketing tool of Crawford Educational Services, the training division of Crawford & Company. The contents and any referenced external materials are not intended to and should not be construed as legal or other professional advice, nor is such information intended to be nor should it be used as a substitute for legal or professional counsel. These materials merely convey general information about claims and claims related situations often encountered by claims professionals. While an effort is made to be accurate, Crawford & Company does not represent, warrant, promise, or imply that this information is current, accurate, thorough, or adequate.
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