SUMMARY
This chapter discusses which workers and employers are subject to the Workers' Compensation Law. It also discusses which employer must cover a worker in situations of multiple employment. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 3
COVERED EMPLOYERS AND WORKERS
Katie Krametbauer
§ 3.1 SCOPE OF CHAPTER
§ 3.2 WORKERS
§ 3.2-1 Who is a Worker?
§ 3.2-2 Subject Worker
§ 3.2-3 Special Classes of Workers
§ 3.2-3(a) Persons Paid by a State, City, County, District, or Agency
§ 3.2-3(b) Part-Time Workers
§ 3.2-3(c) Minors
§ 3.2-3(d) Trainees and Apprentices
§ 3.2-4 Out-of-State Workers
§ 3.2-4(a) Oregon Workers Injured Out of State
§ 3.2-4(a)(1) In General
§ 3.2-4(a)(2) Permanent Employment Relation Test
§ 3.2-4(b) Out-of-State Workers Injured in Oregon
§ 3.2-5 Who Is Not a Worker?
§ 3.2-5(a) Volunteers and Applicants
§ 3.2-5(b) Trainees and Apprentices
§ 3.2-5(c) Independent Contractor
§ 3.2-6 Analysis to Determine Worker Status
§ 3.2-6(a) Contract to Pay Remuneration
§ 3.2-6(a)(1) Express or Implied Contracts
§ 3.2-6(a)(2) Volunteer Versus Remuneration
§ 3.2-6(a)(3) Illegal Contracts of Employment
§ 3.2-6(a)(4) Contracts of Employment That Violate Law but Do Not Call for Performance of Acts That Are Themselves Violations of Law
§ 3.2-6(b) Common-Law Test
§ 3.2-6(b)(1) Employer’s Right of Control
§ 3.2-6(b)(2) Secondary Considerations
§ 3.2-6(b)(3) Control as Decisive Factor
§ 3.2-6(b)(4) Relative Nature of the Work
§ 3.2-6(c) Independent Contractor Test
§ 3.2-7 Coverage through Election
§ 3.2-7(a) Election by Persons or Employers Not Subject to the Workers’ Compensation Law
§ 3.2-7(a)(1) Sole Proprietors, Limited Liability Companies, Partnerships, and Independent Contractors
§ 3.2-7(a)(2) Persons Operating Equipment for Hire
§ 3.2-7(a)(3) Adults in Custody of Cities and Counties
§ 3.2-7(a)(4) Municipal Volunteer Personnel
§ 3.2-7(b) Subject Employer Election to Extend Coverage
§ 3.2-7(b)(1) Corporate Officers
§ 3.2-7(b)(2) Carrier-Insured Employers
§ 3.3 NONSUBJECT WORKERS
§ 3.3-1 Workers Exempted from Coverage under ORS 656.027
§ 3.3-1(a) Domestic Service Workers
§ 3.3-1(b) Workers Doing Gardening, Maintenance, Repair, Remodeling, or Similar Work
§ 3.3-1(c) Casual Employment
§ 3.3-1(c)(1) Casual Employment for Subject Employers
§ 3.3-1(c)(2) Casual Employment for Nonsubject Employers
§ 3.3-1(d) Workers Covered by Federal Law
§ 3.3-1(e) Interstate Transportation Workers
§ 3.3-1(f) Firefighters and Police Employees of Large Cities
§ 3.3-1(g) Sole Proprietors
§ 3.3-1(h) Partners
§ 3.3-1(i) Limited Liability Companies
§ 3.3-1(j) Corporate Officers
§ 3.3-1(k) Religious, Charitable, and Relief Workers
§ 3.3-1(l) Newspaper Carriers
§ 3.3-1(m) Truckers and Taxi Drivers
§ 3.3-1(n) Foster Caregivers
§ 3.3-1(o) Other Categories
§ 3.3-2 Other Statutory Exemptions
§ 3.3-3 Electing Coverage for Otherwise Nonsubject Workers
§ 3.4 EMPLOYERS
§ 3.4-1 Statutory Employers (General Contractors and Subcontractors)
§ 3.4-1(a) Historical Perspective
§ 3.4-1(b) Current Law and ORS 656.029
§ 3.4-2 Borrowed or Loaned Servant Rule
§ 3.5 MULTIPLE EMPLOYERS
§ 3.5-1 Temporary Service Companies
§ 3.5-2 Concurrent Employment
§ 3.5-3 Dual Employment
§ 3.5-4 Joint Employment
§ 3.5-5 Leased Employees
Appendix 3A Abbreviations