C-IV.B · Commercial Casualty Insurance
CGL definitions: employees, leased and temporary workers, contractors
Who counts as an employee matters because injuries to employees go to workers' compensation and are excluded from the CGL, while injuries to others stay in the CGL. The form says employee includes a leased worker and does not include a temporary worker. The CDI outline calls them leased employee and temporary employee; the form says worker.
Leased worker: a person leased to the insured by a labor leasing firm, under an agreement between the insured and that firm, to perform duties related to the conduct of the insured's business. A leased worker counts as an employee.
Temporary worker: a person furnished to the insured to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Examples: a holiday-rush helper from a staffing firm, or a fill-in for a clerk on maternity leave. A temporary worker is not an employee under the form.
Independent contractors and subcontractors: the CGL does not define these terms. In California, status is decided by the ABC test in Labor Code §2775(b)(1): a worker is presumed an employee unless the hiring entity proves the worker is free from its control, does work outside its usual course of business, and is customarily engaged in an independently established trade. Labor Code §3351(i) carries this test into workers' compensation. A contract that calls someone an independent contractor does not decide the question.
Subcontractors also matter inside the CGL. The damage to your work exclusion removes damage to the insured's own completed work, but it does not apply when the damaged work, or the work that caused the damage, was performed on the insured's behalf by a subcontractor.
Remember
· Employee includes leased workers but not temporary workers.
· Temporary = fills in for leave or seasonal/short-term workload.
· CA ABC test (Lab. Code §2775): presumed employee unless all three conditions are proven.
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