Introduction
Stephen Hemmerling was injured while driving at Happy Cab Co. and wants compensation from the company. However, to obtain legal payment from an employer for the damage, he must prove his employee status, which can be challenging, as his activity has signs of both employee and independent contractor. In addition, the accident should be the company’s fault and not his own, so he must prove that he is proficient enough to comply with all the rules.
Main Body
There are clear definitions that determine what employer-employee relationships are and what are not. There are clear signs that a court may use to determine whether one has employee status, which is crucial for Hemmerling to obtain compensation for the injury (Miller 406). A Hemmerling’s case contains the following facts about the relationships between him and Happy Cab Co.: he abided by a variety of rules from the company, including working hours and cab usage.
However, as he paid cab fares and other expenses himself, it shows his independent contractor status. In addition, Hemmerling must prove that it was the company’s fault that the injury occurred (Miller 146). For that, he should clearly describe all the details of the accident and show that there was no negligence.
Conclusion
Therefore, based on the facts from Hemmerling’s work, one can see that he can obtain compensation, but he should follow two requirements. First, the court should approve his employee status, and he must provide criteria, such as his full-time occupation in certain working hours and compliance with the employer’s rules. Second, Hemmerling should prove that it was not his fault in the accident, describing all the facts and showing that he complied with all cab-related rules. If all these points are followed, he can be treated as a Happy Cab Co. employee and obtain compensation for the harm.
Work Cited
Miller, Roger LeRoy. Cengage Advantage Books: Essentials of the Legal Environment Today. Cengage Learning, 2016.