Similarly, the direct employer of the borrowed agent cannot be held responsible for the actions of its direct worker, since that worker is under the control of another agency. The Superior Respondeat theory (in Latin for “leave the master answer”) does not apply to the individual employer the direct employer because of the determination of the facts, which has control of the employee. Since the special “master” has already responded by paying work allowances, the direct “master” does not need and cannot be compelled to contribute. On the other hand, if you are an employer that borrows employees, the following politeness is recommended: PRIMARY EMPLOYER Employment Enter the employee`s name as enter the employer`s professional title, which is called EMPLOYEE, with a set of – Enter the hourly wage for the employee (Enter the rate of pay per hour for the employee`s dollars) per hour. TEMPORARY EMPLOYER EMPLOI EMPLOIEE from the first business day to the last business day. Only the first three of the four examples of “borrowed servants” mentioned above are eligible, in accordance with the recommendations of the employer support alternative. The fourth is not expressly permitted, but this relationship is also not excluded from use. Regardless of this, the permitted uses are only theoretical and the insurance authorization is not guaranteed; Sometimes such an authorization is not even likely. The Alternate Employer Endorsement (WC 00 03 01A) aims to extend coverage when workers are considered “loan agents” by a particular employer. It is attached to the policy of the direct employer and designates the employer in particular, thus extending the protection against employer policy to the alleged employer. The federal states and the federal government conduct specific tests to determine whether a particular worker is qualified as a “detached agent” and that the employer is a “special employer.” Most of these tests deal with the issue of control. Through Lex Larson and its “Larson`s Workers` Compensation”, the insurance industry combines the right of control described above with the various other tests for designing and applying the status of a borrowed agent and the status of the employer as a particular employer.
These tests are as follows: if the insurer is not willing to extend the coverage to the individual employer, it should be informed by the particular employer that the remuneration policy of its employees may be called upon to provide the necessary benefits through the use of borrowed agents. Similarly, representatives whose clients may be considered individual employers must inform them of the possibility that such protection may be necessary and that an additional support premium may result from additional workers. As far as the borrowed employee is concerned, they are expected to offer their lender employer the same quality of service as their original employer. If this is not the case, the lender employer may have the right to dismiss the employee and return him to the original employer.