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Unique Workers' Compensation Aspects of Independent Contractors and Traveling Employees

Recognize the common factors courts consider in determining whether or not a worker was an employee at the time of an injury.

While the decision of whether or not to pay a workers' compensation claim is multi-factored, high on the list of elements is whether the injured worker was in the course and scope of employment. And as black and white an issue as that might seem to be, it is not always so cut and dry. There will be times a worker is designated an independent contractor and thus ineligible from workers' compensation benefits. The worker may claim that, despite the classification, they were an employee and thus entitled to workers' compensation benefits. Alternatively, there is the ever-thorny issue of whether a worker that sustained an injury outside of the workplace was considered a traveling employee, which would likely make any claim for benefits for the injury compensable. This topic will provide an overview of the many components considered by the courts in determining whether a worker was in an employment relationship at the time of an injury. In doing so, the material will inform and provide guidance to employers and insurance professionals on the many components of the traditional master-servant relationship that are critical in making judgment calls on compensability.

59 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Master-Servant Relationship

  • Definition
  • Historic Evolution
  • Workers' Compensation Systems

Independent Contractors

  • Key Factors to Consider
  • Weighing of Various Factors
  • Industries That Typically Rely on Independent Contractors for Work

Traveling Employees

  • Definition
  • Presumption of Compensability
  • Compensable and Non-Compensable Activities

Gig Workers and Employment in the Tech Age

  • Definition
  • Legal Developments
  • Impact on Workers' Compensation
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on December 16, 2021.

Call 1-866-352-9540 for further credit information.

  • AIPB 1.0
     
  • This program is acceptable for 1.0 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
     
  • HR Certification Institute 1.0
     
  • This E-Learning program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 0.75
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 0.75 PDC(s) for the SHRM-CP or SHRM-SCP.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • NJ CLE 1.2
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Michael R. Duffy, Esq.

Michael R. Duffy, Esq.

Marshall Dennehey Warner Coleman & Goggin, P.C.

  • Associate at Marshall Dennehey Warner Coleman & Goggin, P.C., King of Prussia, PA
  • Focuses his practice on defending clients in workers' compensation matters and has successfully defended clients in both Pennsylvania and New Jersey
  • Has been published in Claims Litigation Management (CLM) Magazine and Marshall Dennehey’s Defense Digest
  • Also served as a judicial intern to the Honorable Justice Fitzgerald of the Superior Court of Pennsylvania
  • Member of the Brehon Law Society, the Philadelphia Bar Association, and the New Jersey State Bar Association
  • J.D. degree, Widener University Delaware Law School; B.A. degree in Political Science, The Pennsylvania State University
  • Can be contacted at 610-354-8467 or [email protected]
Francis X. Wickersham, Esq.

Francis X. Wickersham, Esq.

Marshall Dennehey Warner Coleman & Goggin, P.C.

  • Shareholder, Workers’ Compensation Department, Marshall Dennehey Warner Coleman & Goggin, P.C., King of Prussia, PA
  • Workers' compensation defense, including occupational accident and insurance coverage cases
  • Published in The Legal Intelligencer, Pennsylvania Law Weekly and Claims Litigation Management (CLM) Magazine; author and editor of Marshall Dennehey’s What’s Hot In Workers’ Compensation (Pennsylvania section); annual Pennsylvania workers’ compensation law update - AM Best Insurance Law Digest
  • Member – CLM; Risk & Insurance Management Society (RIMS); Montgomery Bar Association
  • Graduate, Villanova University; graduate, Delaware Law School – Widener University
  • Can be contacted at 610-354-8263 or [email protected]
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Why Lorman?

Over 35 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 404653
Published 2021
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