damage multiple organ systems .” mr B u s i n e s s F i n a n c e
Respond with 100 words each:
Rebecca – This is an interesting case and something I personally see a few times a year. At my job, I see a lot of independent contractors working for larger companies. If those people get hurt it is not the larger company that is at fault because of what is in the contract. A lot of times it is written in their contract that if they get hurt on the job, that they larger company owes them nothing. That being said Jones should not have used the larger crane since he was directly told to use the small one. When doing my research for this case I would first look at the contract that Jones and Stevens had. Examining that would help me see if it is written that they are libable for any damages. I also would look into why Matthews was where the other workers are since he is labeled as an office worker. It does not seem they were working in the office if they had a crane out so he might have also been in the wrong area which could possibly cause the case to be dismissed. After looking at all of that I would have a better understand of the legal side of their contract and be better able to work the case.
Jamie – There are a few issues that would be raise in examining this case including:
- Why were the works left unsupervised?
- Were the employees considered independent contractors or employees of the company?
- What is the legal definition of employee and independent contractor?
- Who determines which type of worker the employee is considered? And if it isn’t stated in the contract they signed, how else would they have known?
- Is Chemco still held liable even though the works didn’t follow instructions?
To better determine how to properly classify a worker, these three categories are looked at, Behavioral Control, Financial Control and Relationship of the Parties (IRS 2020). A worker is an employee when the business has the right to direct and control the work performed by the worker, even if that right is not exercised (IRS 2020). This includes when and where to work like Jones and Stevens were told by Chemco when to come in and where to report. Does the business have a right to direct or control the financial and business aspects of the worker’s job? In this case yes, Jones and Stevens signed a contract for an amount to be paid to them based on hours worked. The type of relationship depends upon how the worker and business perceive their interaction with one another (IRS 2020). Jones and Stevens did have a fixed term agreement that would terminate in a general time period. The other concern to be examined is the fact that Stevens and Jones did not listen to the instructions that were given to them to do the task if the company is still held liable for injuries.
IRS. (2020). Understanding Employee vs. Contractor Designation. Retrieved from Insurance Journal. 2006. N.Y. Jury Tosses Family’s Claim That Thrown Shrimp Led To Death. [online] Available at:
Place this order or similar order and get an amazing discount. USE Discount code “GET20” for 20% discount