LaPorte CSA, in association with its affiliated law firm, LaPorte & Associates, P.C., can review a trucking company’s use of owner-operators to protect against the owner-operator being deemed to be an employee and limit the motor carrier’s exposure to uninsured workers’ compensation and other claims. This review involves:
Review of Owner/Operator Agreement
Compliance with Truth-in-Leasing Regulations
Does the agreement’s terms preserve or threaten the independent contractor relationship?
Adequacy of indemnification and insurance provisions
Adequacy of Termination/Modification provisions
Workers’ Compensation Liability Exposure
Is some form of insurance required that protects the motor carrier in the event an owner/operator of driver for a fleet owner files a claim?