Subrogation and the Gig Industry: Workers’ Compensation Subrogation, PEO, and Employee Leasing Companies

A huge segment of America’s service economy involves flexible, temporary, part-time, or freelance jobs -- frequently involving professional employer organizations (PEO’s) or employee leasing companies.

The ‘gig economy’ is the labor market that relies on temporary and part-time positions filled by independent contractors, leased employees, and freelancers, rather than full-time permanent employees.

Threading the needle of workers’ compensation and workers’ compensation subrogation through the labyrinth of borrowed servant, employee leasing, OCIP/CCIP and payroll service companies as they obfuscate the once-clear picture of who is an employer and who is an employee, seemingly requires an advanced degree or graduate-level training.

It’s no wonder that so many subrogation dollars are missed in this $200 billion gig economy.