In the case of In Re Scott, a New York Court of Appeals found that C.R. England lease drivers were not independent contractors but were in fact employees for worker’s compensation purposes.  The Court found that C.R. England exercised significant control over the means by which C.R. England lease drivers fulfilled their work responsibilities. Specifically, C.R. England required C.R. England lease drivers to use electronic on-board recorders in their trucks and installed them at C.R. England’s cost if C.R. England lease drivers’ trucks did not have them. C.R. England also reimbursed C.R. England lease drivers for certain tolls, required C.R. England lease drivers to load and unload freight, and compensated C.R. England lease drivers for performing this task or for their expenses in hiring workers to do so.  C.R. England lease drivers were required to work exclusively for C.R. England.  Additionally, C.R. England established the rates by which C.R. England lease drivers were paid, bore the risk of loss by paying C.R. England lease drivers whether or not the customer paid C.R. England for the load, required C.R. England lease drivers to contribute to a reserve fund for safety-related truck repairs and maintenance, arranged for C.R. England lease drivers’ insurance-deducting the cost from their pay-and dealt with customer complaints about C.R. England lease drivers’ services. Thus, C.R. England lease drivers were C.R. England’s employees and not independent contractors.  The case is binding as to those Plaintiffs.  Click here for a copy of the court decision: In re Scott.

If you have been injured while operating as a C.R. England lease driver, you may be entitled to worker’s compensation benefits.  Contact Trucker Lawyer Robert S. Boulter for a free consultation about your rights at (415) 233-7100 or rsb@boulter-law.com.

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