Employers and their insurance companies can use a number of reasons to deny a workers' compensation claim. One possible reason is that you are not considered to be an employee. If your employer has classified you as an independent contractor, here is what you need to know.
Why Classify You as an Independent Contractor?
The most obvious reason for classifying you as an independent contractor in regards to a workers' compensation claim is that the insurance company can deny you. Only employees are eligible to receive benefits through workers' compensation.
Another added benefit of classifying you as an independent contractor is that the employer is not responsible for paying payroll taxes for you.
Unfortunately, if you are hurt on the job, you could be without pay and medical care unless you can prove that you were an employee and not a contractor.
What Makes an Independent Contractor?
To fight the notion that you are an independent contractor, you have to know what qualifies a person to be considered one. There are many different factors that go into deciding whether or not you are a contractor.
One sign that you might be an independent contractor is that you receive payment for each job you complete and are responsible for providing your own equipment. Employees are typically paid an hourly wage or salary. Employees also are given equipment to with which to work.
Another sign that could point to you being an independent contractor is how much independence you are afforded. If you have control over every aspect of a job, including how it is completed, you are most likely a contractor.
If you have a written agreement with the employer, you need to look for language that indicates you are an independent contractor. It is important to note that even if you are listed as an independent, if the other factors involved with being a contractor are not met, it is possible you can argue you were an employee instead.
What Can You Do?
If you still believe that you are an employee rather than an independent contractor, you can file a claim for workers' compensation. If it is denied, file an appeal with your state's Department of Labor. You can argue that your situation with your employer meets the requirements for being considered an employee.
You will need to provide evidence, such as paycheck statements, to prove your case. If you have witnesses that are able to testify to your relationship with the employer, you can also use their testimony.
A worker's compensation attorney can help you determine if your situation fits the qualifications to receive workers' compensation. He or she can even help file a lawsuit if necessary.
Share21 March 2016
When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.