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Glossary Check: Ind. ‘Employee’

12 Jul, 2023 Frank Ferreri

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Indianapolis, IN (WorkersCompensation.com) -- Whether or not someone is an "employee" in the eyes of state workers' compensation law can mean the difference between benefits and no benefits for an injured worker.

But who is an "employee"? Here's how the State of Indiana defines it:

In Indiana, "employee" means every person, including a minor, in the service of another, under any contract of hire or apprenticeship written or implied, except one whose employment is both casual and not in the usual course of the trade, business, occupation, or profession of the employer.

Other People

--> Any reference to an employee who has suffered disablement, when the employee is dead, also includes the employee's legal representative, dependents, and other persons to whom compensation may be payable.

Sole Proprietorships

--> An owner of a sole proprietorship may elect to include the owner as an employee if the owner is actually engaged in the proprietorship business. If the owner makes this election, the owner must serve upon the owner's insurance carrier and upon the board written notice of the election. No owner of a sole proprietorship may be considered an employee unless the notice has been received. If the owner of a sole proprietorship:

+ Is an independent contractor in the construction trades and does not make the election, the owner must obtain a certificate of exemption; or

+ Is an independent contractor and does not make the election, the owner may obtain a certificate of exemption.

Partnerships

--> A partner in a partnership may elect to include the partner as an employee if the partner is actually engaged in the partnership business. If a partner makes this election, the partner must serve upon the partner's insurance carrier and upon the board written notice of the election. No partner may be considered an employee until the notice has been received. If a partner in a partnership:

+ Is an independent contractor in the construction trades and does not make the election, the partner must obtain a certificate of exemption; or

+ Is an independent contractor and does not make the election, the partner may obtain a certificate of exemption.

Real Estate Agents

--> Real estate professionals are not employees if:

+They are licensed real estate agents;

+ Substantially all their remuneration is directly related to sales volume and not the number of hours worked; and

+ They have written agreements with real estate brokers stating that they are not to be treated as employees for tax purposes.

Independent Contractors

--> A person is an independent contractor in the construction trades and not an employee if the person is an independent contractor under the guidelines of the United States Internal Revenue Service.

Owner-Operators

--> An owner-operator that provides a motor vehicle and the services of a driver under a written contract to a motor carrier is not an employee of the motor carrier. The owner-operator may elect to be covered and have the owner-operator's drivers covered under a worker's compensation insurance policy or authorized self-insurance that insures the motor carrier if the owner-operator pays the premiums as requested by the motor carrier.

School to Work Opportunities Act

--> An unpaid participant under the federal School to Work Opportunities Act (20 U.S.C. 6101 et seq.) is an employee.

Part-Time Youth Coaches

--> A person who enters into an independent contractor agreement with a nonprofit corporation that is recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code to perform youth coaching services on a part-time basis is not an employee.

Corporate Officers

--> An officer of a corporation who is an employee of the corporation may elect not to be an employee of the corporation. An officer of a corporation who is also an owner of any interest in the corporation may elect not to be an employee of the corporation. If an officer makes this election, the officer must serve written notice of the election on the corporation's insurance carrier and the board. An officer of a corporation may not be considered to be excluded as an employee until the notice is received by the insurance carrier and the board.

Temporary State Employees

--> An individual who is not an employee of the state or a political subdivision is considered to be a temporary employee of the state while serving as a member of a mobile support unit on duty for training, an exercise, or a response.


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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

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