Businesses often hire independent contractors (IC). ICs can be another business or an individual. Unfortunately it is not uncommon for the IC to not have workers’ compensation coverage. If that is the case, the injured worker could be in a difficult situation. However, the mere labeling of an individual as an IC does not necessarily mean the individual will be treated as such for purposes of workers’ compensation benefits. Unscrupulous employers will hire individuals under ta 1099 to avoid purchasing workers’ compensation coverage, but ultimately treat the individual as an employee. Fortunately, the law prevents this.
Several factors are considered to confirm whether the injured worker’s status was actually an IC. The injured worker could be considered an employee if he or she works exclusively for the business who hired them for that specific job, that business directly oversees the work, instructs the individual as to how the work will be performed, pays a salary or hourly rate, provides training, provides tools, dictates the time for performance of the work, payment to an individual rather than the individual’s entity, etc. It comes down to control. An administrative law judge will take evidence pertaining to these factors and determine whether the injured worker is in fact an IC or an employee.
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If you have questions about workers’ compensation cases or need help navigating a potential claim, our experienced team is here to assist you. Contact the Law Office of Regina Walsh Adams today. We’re here to help you understand your rights and pursue the benefits you deserve.