Who Decides What An Independent Contractor Is?
Many times people call me and tell me that their employer told them that they were an independent contractor and therefore not entitled to worker's comp benefits. While that may sound good, don't take their word for it. The law says that we look at the particular facts and circumstances of the case. We don't care about labels. We don't care about taxes. What we want to know is if they had control over the details of you work.
What About Taxes?
I have a client right now who thought he was an independent contractor because the employer came to him and said that they were going to pay him a percentage of his sales and not hourly. Plus, they were not withholding taxes. Doesn't matter. My client drove the company truck, he wore their uniform, and he handed out their business cards. He was an employee under the Arizona work comp system. Think about it. If that's all it took, every employer would try to avoid buying worker's comp insurance by calling everyone who worked for them "independent contractors."