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Control, payroll big factors in who pays for injury

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in Small Business Tax Deduction Strategies

Sometimes, employees of one company may end up temporarily doing work for another company. If they are injured during the course of that work, who picks up the tab?

Generally, the employer that carries the employee on the payroll and that controls the way the work is done is the one on the hook.

Recent case:
Thomas Victor was injured when a crane used to move steel beams fell on him. At the time, he was working for Steel Style, helping unload steel beams for another company, Perini Corp. Steel Style had Victor on the payroll and supervised everything that went on the day of the injury.

The Workers’ Compensation Board concluded Steel Style was responsible, even if the work was done for Perini’s benefit. (Victor v. Steel Style, No. 504770, Supreme Court of New York, Appellate Division, 2008)

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