The test for determining whether a person is an independent contractor or employee set forth in this article applies only for purposes of workers’ compensation as defined in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in § 5-11-1 et seq. of this code, and wage payment and collection in § 21-5-1 et seq. of this code. This test has no application to other areas of law, such as whether a person is an independent contractor or an agent of principal for determining whether the law of principal and agent applies with respect to such questions as the issue of vicarious liability to a third party in tort. Further, this article does not apply with respect to organizations or persons subject to the provisions of § 17-29-11 of this code.

Need help with a review of an independent contractor agreement? Chat with an attorney and protect your rights.

Terms Used In West Virginia Code 21-5I-5

  • Employee: means any public employee of the state, or any state agency. See West Virginia Code 21-3A-2
  • Person: means one or more individuals. See West Virginia Code 21-3A-2
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.