What are the basic criteria used to determine if a person was acting as an employee [and not a volunteer] at the time of an accident?

The following criteria may be used: 1) control of duties; 2) payment of wages, withholding of taxes; 3) right to hire, fire, discipline; 4) is the performance of the duties an integral part of the employers business towards the accomplishment of a common goal; and 5) is the position of a nature that the individual depends on the employment for payment of living expenses.

As more of the above hold true, the more likely the person will be considered an employee. The ultimate determination as to whether an individual is an employee or a volunteer is a fact question that would be decided by the Bureau Magistrate [based on the above criteria].