September 2009
Concerned that construction workers who were functioning as employees were being treated as independent contractors in order to avoid workers’ compensation, unemployment and taxes, the Legislature enacted 39-A M.R.S.A. §105-A. Under that Section, a person performing work for a general contractor or hiring agent is an employee for workers’ compensation purposes unless the person meets all of the twelve listed criteria. Section 105-A is limited to the construction industry. Whether or not a person in any other industry is an independent contractor for workers’ compensation purposes is still governed by the test in 39-A M.R.S.A. §102, Subsection 13.