Typically, independent contractors cannot obtain workers’ compensation benefits. That said, in many cases, employers misclassify workers as independent contractors either intentionally or unintentionally. Regardless of the employer’s intent, if you have been misclassified as an independent contractor when you are actually an employee, you may be entitled to workers’ compensation benefits.
Employee vs. Independent Contractors
There is no bright line that delineates independent contractors from employees, and the proliferation of the gig economy has blurred the lines further. People who report to the same job on a daily basis and are paid regularly are typically employees, and people who work job-to-job are typically contractors. That said, there is a significant gray area between the two. Some of the factors that courts consider when determining whether someone is an employee or a contractor include:
- Direction and control of work
- How the worker is paid
- Whether the employer provides equipment, or the equipment is provided by the worker
- The character of the work and training
Fortunately, Independent Contractors Can Sue
If you have been hurt while working as an independent contractor, you may be able to sue your employer if your accident was the result of employer negligence. An attorney can review your case and determine whether you have a claim.
Are Independent Contractors Entitled to Workers’ Compensation?
Typically, independent contractors cannot obtain workers’ compensation benefits after a work-related illness or injury.
How Do I Know if I am an Independent Contractor?
Whether you are an independent contractor, or an employee is a complicated question. To find out, you should discuss your situation with an attorney.
Can Independent Contractors Sue?
Yes, independent contractors can sue if their work-related injury or illness was the result of their employer’s negligence.
Call Us Today to Discuss Your Case with a Greenville Workers’ Compensation Attorney
If you have suffered injuries while working as an independent contractor, you should speak to a Greenville Workers’ Compensation Lawyer as soon as you can. In some cases, you may be able to sue to recover for your losses or file a workers’ compensation claim despite your employer’s classification of you as a contractor. Call us today at (864) 280-7660 to schedule your free case evaluation.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.