From Lexology, Anna M. Perry discusses a case which focused on workers compensaton insurance coverage and the language in the policy, but also discussed when a contractor may be a temporary employer of a temporary employee for the purposes of workers compensation. Anna writes:
A contractor may be deemed the temporary employer of a temporary employee under the borrowed employee doctrine if the temporary employer exhibits control over the temporary employee.2 Generally, there are three factors to determine if the temporary employee is an employee of the temporary employer and therefore responsible for providing workers’ compensation insurance:
- Did the temporary employee and temporary employer enter into a contract of hire, either express or implied?
- Was the temporary employee’s work essential to that of the employer?
- Did the temporary employer have control over the temporary employee’s work?