You’ve been injured in a workplace accident and you want to compensate for your injuries. Your injuries have caused you to miss time at work, suffer from mounds of medical bills, and so much more. You’ve very hopeful that you will qualify for workers’ comp or gain the ability to bring a claim, but what happens if you aren’t actually an employee? Unfortunately, this raises many questions and can make it difficult for you to go through a personal injury claim. Sometimes employers tend to wipe their hands of those who are independent contractors. We will help you discern between the two.
Employee or Independent Contractor?
It is critical for businesses to decide if somebody is an employee or an independent contractor in the workplace because different rules and regulations apply. Here are some facts that will help you determine:
- Does the company have control over me on a behavioral level, which means that they control everything I do at the workplace? Do they let me have freedom? If they control your everyday workload, you are probably an employee.
- Am I paid for the job like every other employee? Does the employer provide my tools? Often times, independent contractors will be paid differently and will have to provide their own tools on the job.
- Do we have written contractors with one another? Will our relationship continue? If this is a long-term job, it is probably an employee-employer situation.
However, there is really no set of factors that determine whether or not you are an employee or contractor. If you have an agreement that states that you will only be working there for a short amount of time and it is spelled out in a contract agreement, you are probably an independent contractor, which opens all-new doors when it comes to your recovery after an accident.
Will I Qualify After an Accident?
The reason why it is such a good idea to make this distinction is that, if you are an independent contractor, you will probably not be considered for workers’ compensation benefits. This is due to the fact that, when you are a contractor, you have significant freedoms and the ability to leave the job at any point. You are usually only working on certain projects, which means that you are not treated the same way as employees, which also means that you will not receive the same benefits as them.
Perhaps you didn’t know that you were classified as an independent contractor when you started your job. Maybe you received a workers’ comp denial and now you are confused because you had a conversation with your boss that you would be a long-term employee. We see many cases where employees are misclassified so that employers won’t have to pay workers’ comp for those employees. There are many ways to fight a denial in your time of need and get the benefits that you deserve. At the Nye Law Group, we want to help you receive the compensation you deserve in your time of need. Please call us as soon as possible to speak with us about your case at 855-636-9277.
Sources:
https://www.disabilitysecrets.com/workmans-comp-question-22.html
Negligence claims stem from negligent conduct by an employer, which frequently plays a role in toxic tort cases. Perhaps an employer knew that a chemical present in the workplace could cause harm to employees but did nothing to prevent it, such as providing special protective equipment to employees or warning them about the toxic substance in the first place. 
