Have you recently been classified as an independent contractor by your boss? Are you worried about what this means for your rights and protections in the workplace? Well, fear not, because you may still be eligible for workers’ comp as an independent contractor.
In this article, we will explore the intricacies of workers’ compensation for independent contractors and discuss the factors that determine eligibility. So, if you’re wondering whether you can still get workers’ comp as an independent contractor, keep reading to find out the answer.
What Does Being an Independent Contractor Mean?
An independent contractor is a type of worker who operates as their own business entity rather than being an employee of a company. Independent contractors are hired on a project or contract basis to provide specific services, and they have more control over how and when they work compared to traditional employees.
There are several factors that determine whether someone is classified as an independent contractor or an employee. These factors include the level of control the employer has over the worker, the worker’s opportunity for profit or loss, the degree of skill required for the work, and the permanency of the working relationship.
Can You Still Get Workers’ Compensation as an Independent Contractor?
Absolutely. There are several things which go into determining who is an employee and who is an independent contractor. But the one thing the court says we can ignore is what your boss says about it. Employers in certain business fields are notorious for calling employees independent contractors. And many employees go along with it to avoid having taxes withheld. It really comes down to an issue of control. The more control your boss has over you and how, when, and where you do your work the more likely it is that you are a legally an employee, even if you have a contract saying you an independent contractor.
Certain industries are more likely than not to have this come up. Sales representatives, construction workers, and truck drivers seem to encounter this more than most other people. Occasionally we see health care facilities claim that employees working PRN are independent contractors but that’s so laughable that it doesn’t come up often.
How is Eligibility for Workers’ Compensation as an Independent Contractor Determined?
Eligibility for workers’ compensation as an independent contractor can vary depending on the laws and regulations of the specific jurisdiction. In general, independent contractors are not typically eligible for workers’ compensation benefits, as they are considered self-employed and responsible for their own insurance coverage.
The determination of whether an individual is classified as an independent contractor or an employee is based on several factors. These factors can include the level of control the employer has over the individual’s work, the degree of independence and autonomy the individual has in performing their job, the method of payment, and the presence or absence of a contract.
To determine eligibility for workers’ compensation, the following criteria are usually considered:
1. Control
If the employer has significant control over how the work is performed, including providing specific instructions, tools, or equipment, the individual may be classified as an employee.
2. Independence
If the individual has a high level of independence, such as the ability to set their own schedule, choose their own methods of completing the work, and work for multiple clients, they are more likely to be classified as an independent contractor.
3. Contractual Relationship
The presence of a written contract outlining the terms of the working relationship can be a factor in determining classification. However, the actual working relationship and the nature of the work performed are more important than the existence of a contract.
4. Exclusivity
If the individual works exclusively for one employer and does not have the opportunity to work for other clients, they may be more likely to be classified as an employee.
It is important to note that the determination of worker classification is not always clear-cut and can vary from one jurisdiction to another. If you are unsure about your eligibility for workers’ compensation as an independent contractor, it is advisable to consult with an employment lawyer or seek guidance from your local labor department.
If you are unsure of your legal rights and responsibilities as an independent contractor, it is important to consult with an experienced attorney like those we have at Oxner + Permar Law. Contact us today for assistance with your legal rights and responsibilities as an independent contractor.
