In California, employees can recover workers’ compensation benefits for injuries they suffered on the job. However, because independent contractors are not technically employees, they are not entitled to coverage. Whether someone is an independent contractor depends on the specific details of their employment rather than title alone. Oftentimes, companies will classify a worker as an independent contractor, but due to their control over the person’s activities, there is an employee-employer relationship.
If you are an independent contractor, you are considered self-employed. But if you were hurt at work, you may be able to recover workers’ compensation benefits by proving that the payer had the right to control or direct your work. The inquiry into whether someone is an employee or independent contractor is fact-intensive. An experienced Glendale workers’ compensation attorney who is familiar with the law surrounding independent contractors could help prove your case.
Independent contractors are generally not entitled to workers’ compensation coverage because they are considered self-employed. Independent contractors negotiate the terms of their employment, assume tax liabilities, and provide their own health insurance. In contrast, when someone is an employee, their company handles payroll, taxes, and overtime and complies with other labor requirements.
Proving whether someone is actually an independent contractor requires looking at the facts and circumstances of their employment. Businesses that have significant control over their independent contractors will have a more challenging time denying the employee relationship. To learn more about workers’ compensation coverage as it relates to independent contractors, contact our Glendale attorneys.
Even if a claim for workers’ compensation benefits is denied due to someone’s status as an independent contractor, there are ways to challenge the determination. Sometimes, companies misclassify their workers as independent contractors to avoid the responsibilities of having actual employees.
To determine whether an employment relationship exists, a variety of factors come into play. Some relevant considerations include:
As one can imagine, depending on the circumstances of their employment, there are many ways to argue that an independent contractor is actually an employee of a Glendale business and entitled to their workers’ compensation coverage. Working with a skilled attorney is the best way to navigate this process effectively.
If you were injured at work and were denied workers’ compensation benefits because you are classified as an independent contractor, you might have legal recourse. Our dedicated team of attorneys could review your situation to determine whether you were wrongly classified and, if so, advocate that you should be entitled to tap into your employer’s coverage.
Reach out to our firm today to learn more about independent contractors and workers’ compensation in Glendale.