60 The Queens Courier • BUZZ • June 30, 2016 FOR BREAKING NEWS VISIT www.qns.com Legally Speaking By: Scott Baron, Attorney at Law THE REAL EMPLOYER Q: An experienced mechanic, I signed up with an agency that makes purchaseorder agreements with clients, to recruit and provide candidates for employment. The client fixes the hourly wages and benefits, conducts the interview and makes the final selection. Last year, I was hired by a client, and assigned to work exclusively at its plant. The client exerted comprehensive control over every facet of my work. On a daily basis, the client assigned, supervised, instructed, oversaw, monitored and directed my work duties. Nobody from the agency was ever at the jobsite, except that the agency’s director of personnel would deliver my weekly paycheck and comment on my job performance. Despite its lack of day-to-day involvement, the agency carried the workers’ compensation, liability and unemployment insurance, and it would bill the client, withhold social security and provide my paycheck. After I was injured, I received workers’ compensation benefits from the agency. Now can I sue the client? A: Because the client controlled and directed the manner, details and ultimate result of your work, it was your real employer. All the essential components of your work relationship were with the client. In general, when workers’ compensation is received, the worker is barred from a negligence action against the employer. For the purposes and consequences of workers’ compensation, no arrangement between the agency and the client can displace an assessment made in court of the real employer. It appears that your receipt of workers’ compensation benefits, although from the agency, serves to bar you from now suing the client. The latest Open Mic at the East Elmhurst Library on June 27th was another resounding success. Hosted by its founder, local poet Charles “Smooth” Williams (seated, third from right), the Open Mic featured over a dozen talented poets, writers, musicians, singers, comedians and orators, who were all enthusiastically received. The East Elmhurst Library’s Open Mic has been held every month to great acclaim as one of the best live-performance venues in Queens, attracting stellar performers and enthusiastic audience members borough-wide and beyond. For more information, contact: Ms. Johnnie O. Dent, Community Library Manager, or Ms. Geraldine Benfante, President, Friends of the East Elmhurst Library, 95-06 Astoria Blvd., East Elmhurst, NY 11369, (718) 424-2619, http:// www.queenlibrary.org/East-Elmhurst • Olympic Size Pool & Furnished Sun Decks *Shaded Lawn • Swimming Lessons for Children *Tiered Swim Program • Interactive Kiddie Pool *Playground *2Water Slides • Daily Supervised Children Activities *12-4pm Bay Kiddie City • Adult Activities *Café *Private Parties *Full Bar • On-Site Parking Available Bay Terrace Country Club Coupon $100 OFF Family Membership New Members Only Not valid with any other offer Expires 7/15/16 Bay Terrace Country Club East Elmhurst Library Open Mic (718) 428-0100 • 217-14 24th Ave, Bayside, NY (Take Bell Blvd, Turn onto 24th Ave. & go to the end.) Visit us at www.bayterracecountryclub.com Coupon $50 OFF Individual Membership New Members Only Not valid with any other offer Expires 7/15/16 Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 ADVERTORIAL Photo: C. Stossel
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