The most simple test in determining whether someone is your employee is to determine who has control of that employee. This determination is very important both from a workers compensation coverage standpoint and from the standpoint of employer immunity from civil suit. The next factor that must be considered is whether the injury occurred in the scope of employment. All workers compensation statutes require that the injury be causally related to employment. In general, if an employee is injured on the employer s premises, he or she is considered to be within the scope of his or her employment.
Problems arise however, when employees file claims while they are coming to work or going from work.
However, there are exceptions to this rule, and the facts of each case must be examined very carefully. As traveling employees, they are considered to be within the scope of their employment as long as they do not abandon the employer s interest. Each state also has applicable statutes of limitation. Employers must be knowledgeable with regard to these statutes in order to eliminate any precluded claims. Finally, states also require that notice be given to the employer.