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Workers’ Compensation Benefits Depend on Worker’s Right to Control

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Whether a worker is classified as an independent contractor or a regular employee is very important to both parties. Fortunately for the worker who is need of workers’ compensation benefits, the Idaho Supreme Court has consistently held that in cases where there is doubt as to the classification of the work, the finding should be in favor of the worker. Typically, the test as to how the worker is classified relies upon who maintains the right to control. If the worker retains the right to control, he or she may be an independent contractor. In contrast, if the employer maintains the right to control, the worker may be an employee.

The following 10 factors serve as evidence that a worker maintained a right to control so that he can be classified as an independent contractor:

  1. The employer does not have the right to require the worker to comply with instructions.
  2. The employer does not provide training through meetings, classes, or apprenticeships with more experienced workers.
  3. The employer integrates the worker’s services into the company’s business operations.
  4. The employer handles hiring, firing, supervising, and payment of assistants.
  5. The employer decides what hours the worker will work.
  6. The employer requires the worker to work substantially full-time hours—limiting his ability to perform other work.
  7. The employer requires the worker to submit regular oral or written reports.
  8. The employer pays for the worker’s business or traveling expenses.
  9. The employee performs services for several unrelated companies at the same time.
  10. The employee makes his services available to the general public on a regular and consistent basis.


If you are seeking workers’ compensation benefits in Idaho contact us so that we can help you get the compensation you deserve. We are standing by to help.

Category: Workers’ Compensation

Alan Morton
Advocate for Justice/Trial Lawyer

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