I.      Policy Purpose

On occasion, emergency personnel will perform special duty assignments for site employers. This policy outlines payroll reporting and other considerations for municipalities, site employers, and individuals working special duty assignments.

II.    Applicability

This policy applies to all BWC staff, municipalities, and site employers.

III.   Definitions

A.    Employer of record (EOR): The entity legally responsible as the employer for a workers’ compensation claim filed by an injured worker.

B.    Municipality: The government entity employing the emergency personnel, typically a city, county, township, or village.

C.   Site employer: The entity for which the special duty assignment is performed. For example, a charity requesting police for a 5K race or a high school requesting paramedics for a football game.

D.   Special duty assignment: A work assignment performed by off-duty emergency personnel, including police officers, firefighters, or paramedics. This assignment could include traffic control or other services at a community event. A special duty assignment is typically arranged by a site employer through the municipality. The assignment may also be arranged through an association obligated to coordinate the services on behalf of the municipality such as a police officers’ association.

IV.  Policy

A.    Assignment of claims and payroll reporting.

1.    For an individual working a special duty assignment, as defined above, the municipality for which the individual is employed is considered the employer of record for any injuries occurring during the special duty assignment.

2.    The municipality and site employer are not required to report special duty assignment wages paid by the site employer as payroll to BWC.

B.    Exceptions.

1.    If emergency personnel are injured performing work that falls outside the definition of a special duty assignment, as defined by this policy, the municipality is not considered the employer of record.

2.    An individual performing work beyond the criteria set forth as special duty assignment may be considered an employee of the site employer or an independent contractor based on the specifics of the work assignment.

3.    Example: For a concert, the promoter posts an ad for security work and crowd control services. The officer is hired for the event and agrees to the term of the services by working directly with the promotional company. The officer and promotional company (site employer) did not request the services through the municipality, or through an association obligated to coordinate the services on behalf of the municipality, nor did they enter into any agreement or contract with the municipality.