What is the test that is being looked at to determine negligence?
When the actions of an individual injure a third party, the individual’s employer may be held liable if the individual was an employee of the employer and was acting within the scope of his or her employment in taking the actions causing the injury. An independent contractor will tend to be more responsible for his or her own negligence or wrongful conduct, although the courts may look to the nature and scope of the work performed to see if the independent contractor was an agent of the company for whom the work was performed. If so, the court can impose liability on that company as well, despite an independent contractor relationship. This video reviews why the amount and extent of control over the worker is the key factor in determining negligence.
Julie A. Proscia, Esq.
- Equity Partner in the office of SmithAmundsen LLC who has been practicing for over twenty years
- Practice emphasizes all aspects of Labor & Employment – Public and Private Sectors
- Prolific national speaker on numerous topics, including supervisor training, wage & hour compliance, and independent contractor issues
- Author of several publications related to the areas of gender identity issues and changes in the workplace, minimizing risk in employment interviews, sexual harassment in both public and private sector issues, biometrics/data privacy issues, and social media & municipalities
- Member of the Illinois Senate Task Force on Sexual Discrimination and Harassment Awareness, has been selected to the Illinois Super Lawyers List for multiple years, Selected to the Illinois Super Lawyers Rising Stars List, and recognized as 40 Illinois At-torneys Under 40 to Watch
- Contact information: Email: [email protected] or Phone: (630) 862-1288
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