Workers Compensation Lawyer Serving Philadelphia, Bucks, & Montgomery County

At Gregg Durlofsky Law Offices, we understand the complexities of worker classification and its impact on benefits like workers’ compensation.  While employees are generally covered by workers’ compensation insurance in the event of a work-related injury, the situation for independent contractors is less clear-cut.

We’re here to explain the distinction between employees and independent contractors, as well as the challenges independent contractors face in obtaining workers’ compensation benefits after an on-the-job injury.

Employees vs. Independent Contractors

Workers’ compensation laws are designed to protect employees who are injured while performing their job duties.  A key factor in determining eligibility is the legal distinction between an employee and an independent contractor.

Employees:  Generally classified as those who receive a regular salary or wage, work set hours under the supervision of an employer, and have little control over how they perform their job duties.

Independent Contractors:  Typically classified as self-employed individuals who provide services to a company but are not considered employees.  They often control their work schedules, use their own tools and equipment, and have the freedom to work for multiple clients.

The specific criteria for classifying someone as an employee or an independent contractor can vary by state.

The Challenge for Independent Contractors

Unfortunately, independent contractors are typically excluded from receiving workers’ compensation benefits if they are injured on the job.  Since they are considered self-employed, the responsibility for obtaining health insurance and covering work-related injuries falls on them.

Here’s why obtaining workers’ compensation can be difficult for independent contractors:

No Employer-Provided Coverage: Employers are legally obligated to carry workers’ compensation insurance for their employees. Independent contractors are responsible for securing their own insurance, which can be expensive.

Misclassification Risks: There are instances where companies may misclassify employees as independent contractors to avoid paying payroll taxes and workers’ compensation premiums. This can leave injured workers with limited options.

Potential Exceptions and What You Can Do

While the road to obtaining workers’ compensation is generally more challenging for independent contractors, there may be some exceptions:

Statutory Employees: Certain state laws classify specific professions (like truck drivers or loggers) as statutory employees, even if they meet the independent contractor criteria. These workers may be eligible for workers’ compensation.

Misclassified Workers: If you believe you were wrongly classified as an independent contractor, you may have grounds to challenge the classification and seek workers’ compensation benefits.

Here’s what you can do if you’ve been injured as an independent contractor:

Seek Medical Attention: Your health is the priority. Get the medical care you need and document your injuries.

Review Your Contract: Carefully examine your contract with the company to understand how you are classified and explore any provisions related to work-related injuries.

Consult an Attorney: An experienced attorney specializing in workers’ compensation law can advise you on your rights and explore potential options, including challenging your classification or pursuing other forms of compensation.

Contact Our Workers Compensation Lawyer Serving Philadelphia, Bucks, & Montgomery County Today

If you have been injured while working as an independent contractor, contact us today for a free consultation. We’ll explore your situation and advise you on the best course of action. Remember, knowledge is power. The more you understand your rights, the better equipped you will be to seek the compensation you deserve.