Relating to employment status and employment benefits and including applicability provisions

This bill provides that if an employee is unable to return to work due to an injury for which a claim for workers’ compensation arises, and if the employer provided the employee with health insurance as of the time the injury occurred, the employer must continue to provide the employee with health insurance on the same terms for at least six months beginning on the day after the employee leaves employment. If the employer does not comply, the employer shall be liable to the employee for reimbursement for any medical costs incurred by the employee that would have been covered by the required health insurance. The bill requires each employer to include the employer’s policies or procedures for compliance with these provisions in any employment contract, employee handbook, or offer of employment provided by the employer. These provisions apply to employers with or more employees and to injuries occurring on or after the effective date of the bill. The bill defines “independent contractor”, for purposes of workers’ compensation, wage payment collection, minimum wage, and unemployment insurance, as an individual performing work who is free from control or direction by the employer over the performance of the individual’s services, whose service is either outside the usual course of the business of the employer or is performed outside of all the places of business of the employer, and who is customarily engaged in an independently established trade, occupation, profession, or business. For purposes of the definition, an employer shall have the burden to establish that an individual is an independent contractor and not a worker or employee.