Let’s Talk About Michigan Workers’ Comp
Workers’ compensation is a statutory scheme that’s known as the Workers’ Disability Compensation Act (WDCA). It’s a security blanket for employers because it limits their liability if employees are injured on the job.
The WDCA covers employees but not independent contractors. In order to determine whether a worker is an employee or independent contractor, there’s something known as the economic reality test. This test seeks to qualify independent contractors that employers may not want covered under the act. If these factors are met, an independent contractor will be covered under the WDCA:
1. The effects of terminating the person
2. The person’s contribution to the organization. Is he or she an integral part of the business?
3. Does the employee depend on that specific job to pay for his or her living expenses?
4. Does the employee furnish his or her own materials?
5. Does an independent contractor normally perform the person’s work?
6. Does this person have control over wages, hiring, or firing?
There’s a 2-year statute of limitations for all claims employees might have under the act.
Did you know horseplay injuries between employees sometimes qualify under the WDCA? It’s a broad act that entitles employees to a lot of coverage.
It is still possible to make a tort claim under the WDCA for intentional torts to other employees and intentional torts by the employer.
If you’ve been injured, our Southfield, Michigan personal injury law firm is here for you. Goodwin & Scieszka has been fighting Detroit and Metro Detroit personal injury claims for over 30 years, including cases involving:
Be sure to check back often, as we continually update our blog with insight into Michigan law, tips to avoid injuries we commonly defend, and Detroit area personal injury news.
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