Employee/employer relationship

An employee works under a contract of service; an independent contractor works under a contract for services. However, the courts consider the actual relationship rather than rely upon what the parties call their arrangement. The relationship affects an individual’s employment rights, his entitlement to health and safety provision and also affects the employer’s vicarious liability for the individual’s torts. The courts use a variety of tests to determine the relationship: the control test; mutuality of obligation; integration test; and the financial risk test (employees do not take this risk). Regard is also paid to the contractual arrangements, methods of payment, etc. Insurers write their own definition of employee into liability policies.

Employee/passengers

Employers’ liability policies exclude indemnity in respect of any liability covered by compulsory Road Traffic Act insurance. Consequently an employer faced by a claim from an employee injured as a passenger, in circumstances in which compulsory motor insurance applies, will claim under his motor policy.

Employees’ State Insurance Scheme

Scheme was introduced under ESI Act, 1948 for blue-collar workers employed in the formal private sector. The Scheme provided for comprehensive health service through a network of its own dispensaries and hospitals. It is also supplemented by services purchased from Authorized Medical attendants and private hospitals. The scheme is largely financed through a contribution from employers and employees which is supplemented by the Central and State governments. The Scheme covers over 60 million beneficiaries as of March 2015.

Employer

1. In workers’ compensation, an employer includes any person or entity that engages the services of a person. It includes an individual employer, partnership, legal representative of a deceased employer, or a corporation. It also includes the state and every state agency, every country, every city, and all public and quasi-public corporations and agencies. 2. Under Medicare Secondary Payer guidelines, in addition to individuals (including self-employed persons) and organizations engaged in a trade or business, other entities exempt from income tax such as religious, charitable, and educational institutions. Included are the governments of the United States, the individual states, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the District of Columbia, and foreign governments.

Employer bulletin board service

Electronic bulletin board service offered by the coordination of benefits (COB) contractor. Employers who have to report on fewer than 500 workers can fulfill their requirements under the Internal Revenue Service/Social Security Administration/Health Care Financing Administration (IRS/SSA/HCFA) data match law by downloading a questionnaire entry application from the bulletin board. The information will be processed through several logic and consistency edits. Once the employer has completed the information, he or she will return the completed file through the bulletin board.

Employer group

Group of employees who are eligible for health care benefits extended through a benefits plan provider. A contract is drawn up and an employee-employer relationship must exist. Groups that would not qualify include social clubs and independent contractors.

employer group health plan (EGHP)

1. Group health plan paid for by the employer of 20 or more employees for medical benefits. It may be a federal employee health benefits program, employee pay all plan, multi-employer group health plan with at least one employer with 20 or more employees, or any plan in which the beneficiary is enrolled because of their employment or his or her spouse’s employment. 2. Under Medicare Secondary Payer guidelines, any health plan that is offered or contributed to by an employer, and that provides medical care, directly or through other methods such as insurance or reimbursement, to current or former employees and/or their families. It includes the federal employees’ health benefits program but not TRICARE. 3. Private group health plan paid for by the employer that covers an individual who is age 65 or older and has Medicare as the secondary payer.