Where a self-employed individual opted not to bring himself within the coverage of the Nebraska Workers’ Compensation Act, he was not an “employee,” as that term is defined in Neb. Rev. Stat. § 48-115. Under those facts, where the self-employed person fell from...
A tax filing denoting self-employment, while a relevant factor, is not dispositive on the issue of employment status, nor is the existence of an employment or independent contractor agreement. Both are factors to consider, but by themselves, they were not dispositive...
By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. A farm worker is crushed to death after his tractor flips and pins him between the tractor and the wagon it was pulling. A construction worker is struck and killed by a swinging crane when another worker...
The Nevada Supreme Court held that a self-employed delivery driver who contracted with FedEx Home Delivery for one of its routes was entitled to TTD benefits in spite of his lack of a “salary” in a traditional sense. The driver acknowledged that he continued to...
Income benefits paid to workers through the workers’ compensation system replace a smaller fraction of lost income benefits than previously believed Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter...
Higher Quality of Life and Preventative Health Measures are Associated With Less Absenteeism and Presenteeism Technological advances, combined with the layoffs of the Great Recession, have altered the landscape of the American workforce. Some displaced workers...
An Illinois appellate court recently held that the state’s Workers’ Compensation Commission incorrectly calculated the claimant's average weekly wage under 820 ILCS 305/10 by including profits from claimant’s self-employment—providing...