Workers’ compensation protections do not extend to independent contractors in California. To qualify for workers’ comp, a person must be an employee. However, employers cannot avoid their responsibility by misclassifying staff. When this happens, an experienced workers’ compensation attorney could help hold the responsible party accountable.
If you have been injured at work, contact a determined lawyer who handles independent contractors and workers’ compensation in Downey. A capable legal professional from Glauber Berenson Vego could assess the facts surrounding a case and evaluate whether you should be entitled to coverage.
Independent contractors are self-employed people who offer services to the general public. They choose their clients and the jobs they take. When a company pays these workers, they usually use IRS form 1099. These workers must pay self-employment taxes, and the client does not withhold Medicare or Social Security taxes. Because IRS regulations help shape these rules, they are not specific to the state. However, it is crucial to note that compensation laws are state-specific.
California does not require employers to cover workers’ compensation insurance for independent contractors. However, many employers improperly classify their employees to avoid payroll taxes, wage and hour restrictions, overtime, insurance coverage, and other work-related laws. A Downey attorney who handles workers’ compensation coverage for independent contractors could provide advice about erroneous classifications.
The main difference between an employee and an independent contractor is the amount of control the person paying them has over the work. If the payer can control what a worker does and how they do it, then the worker is an employee. An indicator of a worker being an independent contractor is if the payer can only designate the end product.
This factor seems straightforward. However, some situations may fall into a gray area. A payer can require an independent contractor to comply with applicable rules and guidelines without transforming employee and employer relationships. A lawyer handling workers’ compensation claims for Downey independent contractors could advise people regarding their specific factual circumstances to understand how to pursue a successful claim.
Business owners invest in equipment, have unreimbursed expenses, and can make profits or take losses. While not determinative, paying a person by the job, instead of by the hour, is a sign that someone is not an employee and not an independent contractor.
Examining the relationship between the worker and the payer is critical to determine the state of employment. Suppose there is an employment contract, access to workplace benefits, and the relationship is indeterminate in length. In that case, it is most likely an employment relationship. A Downey attorney could perform a more detailed investigation when necessary to determine when an independent contractor is eligible for workers’ compensation benefits.
Determining a worker’s status depends on more than the payer’s classification of the worker and could include factors such as looking at control, finances, and the nature of the work. When you have been hurt at the workplace, examining the nature of your work relationship is vital as you may be entitled to worker’s compensation coverage for your injuries regardless of your official classification.
Contact a well-versed lawyer from Glauber Berenson Vego to learn more about independent contractors and workers’ compensation in Downey and to set up an initial consultation.
