Employees versus Independent Contractors in Workers’ Comp Claims
Some employers do not like carrying the financial burdens that come with designating their workers as “employees” so they instead classify them as “independent contractors.” Unfortunately, being mislabeled as such can have catastrophic consequences.
What am I?If your worker*s comp injury claim is denied because you are classified as an independent contractor by your employer then the North Carolina Industrial Commission will ultimately ask: Who*s the boss? The injured worker or the employer? Among the many factors used to make this determination is whether the person employed
(a) is engaged in an independent business, calling, or occupation;
(b) is to have the independent use of his special skill, knowledge, or training in the execution of the work;
(c) is doing a specified piece of work at a fixed price for a lump sum or a measurable basis;
(d) won*t be fired based on how he chooses to do the work;
(e) is not in the regular employ of the company;
(f) is free to use whatever help he needs;
(g) has full control over any such help; and
(h) determines his own schedule.
I am an "Employee." Now what?If a worker is determined to be an employee then the employer will be liable for benefits under the North Carolina Workers* Compensation Act, including temporary total disability, medical bills, and a litany of other expenses.
If you have been denied workers* compensation benefits and been misclassified as an independent contractor, it*s important to hire a workers* compensation lawyer to handle your case. A qualified workers* comp attorney knows how to challenge denied claims, gather necessary evidence and get you the compensation you deserve.