As an independent contractor, you are generally responsible for your own benefits, which include workers’ compensation. However, employees are eligible for workers’ compensation coverage, something you may be eligible for, even as an independent contractor.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that all companies, with few exceptions, must carry. It covers employees who get injured while at work, providing them with benefits to cover their medical expenses and lost income.
Workers’ compensation insurance is a “no-fault” insurance. This means that an employee can still receive benefits, even if they caused the accident where they were injured. The only way an employee is usually ineligible for benefits is when they intentionally injure themselves.
To be injured on the job, an employee must be able to prove that they were working. For example, if you work at a retail store and you sprained your ankle while unloading a truck shipment, you would most likely be eligible for workers’ compensation benefits. If you are a delivery driver and you get into a car accident on your way home, that may not be an eligible situation because you are not working.
Independent Contractors vs. Employees
Under current law, employees receive much greater protection than independent contractors. Because of the rise of gig work and other independent contractors, this is a discussion which is likely to have significant impacts for many people who may think they have protection, but really do not.
Employees can receive protected wages, vacation, shared tax burden, and overtime guarantees, among many other legally required benefits from their employers. Workers’ compensation is also required.
Independent contractors, however, receive none of those protections. Many employers intentionally misclassify workers to reduce their financial burden. Employers shoulder a significant financial burden when they hire people. From taxes and payroll to overtime and benefits costs, employees cost employers more than just their salary. That is not the same with an independent contractor.
Because independent contractors essentially work for themselves, they are typically held responsible for all of the financial obligations that their employer would otherwise be required to bear. That is why if you get injured while working as an independent contractor that you speak with a lawyer to figure out if maybe you are actually an employee.
Here is how you might know:
- Does the company you contract with tell you what hours and days to work?
- Does the company you contract with give you performance reviews?
- Do you have duties central to the core business?
- Do you have a supervisor or manager or other person who gives you daily tasks?
If you answered yes to any of these questions, you are probably an employee. If you have been injured working, you may be entitled to workers’ compensation benefits.
Proving you are an employee, however, might seem overwhelming. Do not let it deter you from taking action, however, especially if you have suffered serious injuries. Not only will you be able to recover workers’ compensation benefits, but you may also be entitled to back pay, overtime, and many other financial benefits if you can prove that you are actually an employee.
The company you contract with has a financial incentive to misclassify you. A judge will consider many factors in determining whether you are an employee of the company instead of an independent contractor:
- Whether your duties are an essential part of the business operations
- The number of hours you work per week
- How much control the company has over your daily work
If the judge makes a determination that you are an employee and you have recently been injured at work, you could be entitled to workers’ compensation benefits under the company’s policy. This can occur retroactively so you can get workers’ compensation benefits for an injury which occurred in the past. Just do not wait too long to try to prove you are an employee because the insurance provider likely has a brief time window which you have to file a claim.
Personal Injury Claim
If you are determined to not be an employee of the company, you may still be able to recover compensation from the company for your injuries. It just would not be under their workers’ compensation policy.
Another legal avenue to recover money for your injuries is called a personal injury claim. Employees cannot sue their employers for injuries, which is why companies must carry workers’ compensation insurance. But if the company is not your employer, you can attempt to prove they were negligent in some fashion and that negligence resulted in your injuries. For example, if you work in a factory and you are injured by a forklift, you may be able to prove the company was negligent in training people how to use the heavy machinery. You may also argue that the company failed to provide you with adequate safety equipment to prevent the exact injuries you received. Even if you are not an employee, you still have legal options to help you recover damages for your injuries.
A Cherry Hill Workers’ Compensation Lawyer at Pietras Saracino Smith & Meeks, LLP, Helps You Get the Benefits You Need
As more and more of today’s workforce is classified as independent contractors, there are certain benefits people like this lose access to, which they would otherwise have if they were employees. Even if you are an independent contractor, there may be ways to get you workers’ compensation benefits if you have been injured. To find out your options, speak with a Cherry Hill workers’ compensation lawyer at Pietras Saracino Smith & Meeks, LLP. Contact us today at 856-761-3773 to schedule your free consultation. With offices in Cherry Hill, New Jersey, we proudly serve our neighbors in Camden, Cinnaminson, Delran, Maple Shade, Pennsauken, and South Jersey.
