Determining the Status of a Person: Employer, Worker, Sole Proprietor or Non-Working Director
Effective Dates
December 31, 2014 - June 30, 2022
Policy Code
EA-02
General Information
This policy addresses circumstances where there is a need to determine the work relationship between workplace parties. Most cases are clear in that the employerworker relationship exists; however, in some situations an individual may be a sole proprietor and not a worker. This policy is designed to provide the criteria for making such a determination.
Purpose
This policy defines when a person is a “worker”, an “employer”, or a “sole proprietor” in order to determine whether workers’ compensation coverage is mandatory or optional under the Workers’ Compensation Act S.Y. 2008 (the “Act”).
Prior Policies
Independent Operator/Contractor or Proprietor
December 31, 1992 - June 30, 2008 | AS-12 | Policies prior to July 1, 2022Determining the Status of a Person
June 30, 2008 - December 31, 2014 | EA-02 | Policies prior to July 1, 2022Definition of a Worker
January 25, 1995 - June 30, 2008 | GC-08 | Policies prior to July 1, 2022Policy References
Exclusion of Directors from Coverage - Not Subject to the Hazards of the Industry
January 1, 1993 - June 30, 2008 | AS-17 | Policies prior to July 1, 2022Optional Coverage for Sole Proprietors
June 30, 2008 - June 30, 2022 | EA-04 | Policies prior to July 1, 2022Merits and Justice of the Case
December 31, 2013 - June 30, 2022 | EN-02 | Policies prior to July 1, 2022