What is the name of your state (only U.S. law)? Arkansas
In Arkansas, worker's compensation is a no fault system. The only exceptions to worker's comp are if
1) There are less than ten employees. Whether they are paid under the table is irrelevant.
2) If they are intoxicated.
3) If they were on break AND were allowed to go wherever they wanted (i.e. if they had to stay in a certain spot, they still got worker's comp).
4) If they go out of their way to inflict the injury themselves.
Therefore, worker's compensation is subject to the same burden of proof as strict liability, meaning it doesn't matter what precautions they take to prevent injuries; they are still liable for any injuries that occur in the workplace.
However, in independent circuit professional wrestling, if you're not part owner of the company, you're probably an independent contractor. The same applies for MMA and boxing, even in the UFC.
Would performers in that sense be entitled to worker's comp? If not, would the promoter also be allowed to force performers to sign injury waivers, making the performers completely SOL?
In Arkansas, worker's compensation is a no fault system. The only exceptions to worker's comp are if
1) There are less than ten employees. Whether they are paid under the table is irrelevant.
2) If they are intoxicated.
3) If they were on break AND were allowed to go wherever they wanted (i.e. if they had to stay in a certain spot, they still got worker's comp).
4) If they go out of their way to inflict the injury themselves.
Therefore, worker's compensation is subject to the same burden of proof as strict liability, meaning it doesn't matter what precautions they take to prevent injuries; they are still liable for any injuries that occur in the workplace.
However, in independent circuit professional wrestling, if you're not part owner of the company, you're probably an independent contractor. The same applies for MMA and boxing, even in the UFC.
Would performers in that sense be entitled to worker's comp? If not, would the promoter also be allowed to force performers to sign injury waivers, making the performers completely SOL?
