22 THE COURIER SUN • AUGUST 27, 2015 FOR BREAKING NEWS VISIT www.couriersun.com Advertorial 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 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 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 Co-op and Homeowners Insurance. Renters Insurance. Mortgage Protection Insurance. Commercial. Business. Life. Health. Marine “INSURING YOUR LIFESTYLE” John Knesich PRESIDENT • Jim Kelly INSURANCE ADVISOR OFFICE # 718-767-9226 • CELL# 516-507-8507 CO-OP AND HOMEOWNERS INSURANCE • RENTERS INSURANCE MORTGAGE PROTECTION INSURANCE COMMERCIAL BUSINESS • LIFE • HEALTH • MARINE 12-23A 150th Street, Whitestone 15400 Main Road, Mattituck, NY 11952 | 2151 South US Hwy 1, Jupiter , FL 33477 We offer All Medicare Supplemental Plans www.JSMBROKERAGE.com • e-mail [email protected] Never pay FULL PRICE for Medications AGAIN! Rx Help Centers is a drug advocacy program dedicated to helping the consumer get the best price on all of your medications. Our expert team will help you receive the lowest prices for all of your name brand medications. Our service will compliment any existing coverage that you already have. Whether you are insured, uninsured , underinsured or Medicare, we can help. Register for free at www.rxhelpcentersqueens.org Our customers receive assistance for only a nominal charge with NO LIMIT on the number of medications that we can help with. With thousands of name brand and generic medications, we can help you and your family maximize your savings on prescription medications. With Rx Help Centers, never pay full price again! Register for Free www.rxhelpcentersqueens.org
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