Connecticut has for many years in the
past used what they refer to as the “ABC system” to determine whether or not a
worker was a direct employee working for the employer or an independent
contractor, as they require this information to apply to the state’s
unemployment compensation law, as reported by lexlogy.com.
However, in a recent case standard oil vs administrator, the ABC
system did not suffice to come to a conclusion as to whether or not the
plaintiff was an independent contractor or not and the Connecticut Supreme
court were forced to amend and add to the system in order for it to be
applicable even in such complex cases like workplace
injury claims in the future while New Haven, CT workers compensation
lawyers scrutinized this case.
Before we dive into this any deeper, if
you need a worker’s comp lawyer, press right here: Workers-Comp.USAttorneys. This site was
designed for those in need. Your pride may be strong and you may not want you
to ever say you needed someone but when you need help, you need help. And if
some organization has done you wrong or not doing you right, you need legal
assistance to square this situation away.
The
ABC System
The IRS has a 20 step system to
determine if someone is an actual employee but Connecticut’s ABC test is much
simpler and easier for the lay man to fully comprehend according to workers
compensation attorneys in Connecticut. The ABC system only has three parts and
all three parts need to be met. Part A analyzes the amount of control the
employer has over the employee in determining whether or not the employee is a
direct employee.
Part B focuses on the nature of the work
that was being carried out by the employee, usually, independent contractors
are employed for work that is not usually required by the company and might
take place outside the place of business of the employer. Part C assesses
whether the worker is from the same background or line of profession as the
work being carried out.
In this particular case, Standard Oil is
a company which sells and installs heating systems and alarm systems, they hire
people to do the actually installation in the field and consider these folks to
be independent contractors and not actual employees of the company. The labor
department audited Standard oil and said that they had wrongly labeled their
workers independent contractors, Standard Oils appealed the case and that is
when the “ABC system” itself was found lacking to come to a decision.
Part C was clear and applicable, but
parts A and B had to be given a facelift and that is the final word which New
Haven, CT workers compensation lawyers have heard.
Widow
Pleads to Courts to Allow Emotional Distress Claim in Lawsuit
According to ctlawtribune.com, a woman that found the
dead body of her husband at his work place now wants to sue her deceased
husband’s employer for emotional distress even though she has already received compensatory damages through the established workers
compensation system in the state. Some people just want more money.
When does it stop? They want another BMW and it does not matter if jobs have to
be lost to pay for someone’s so called need to be paid more money they should be
entitled too.
The woman has won $300,000 in the case
but is seeking more specifically for emotional distress as she had to be a
bystander and was the person that discovered her husband’s body crushed to
death under the all-terrain vehicle that he was working on fixing. That is
tragic but $300,000 seems pretty fair. Why was she at the work place? Could
someone else sue if they saw that? Why is it the company’s fault that she was
there?
People see horrific things all over the
world and are not paid anything. Cuba destroys millions of lives and no one is
awarded for seeing it. There are no New Haven, CT workers compensation lawyers
in Cuba.
If you have suffered a work accident/injury and are
having a difficult time getting your company to pay up, we recommend
that you contact a Connecticut workers compensation lawyer as soon as possible.
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