Am I an Employee, or an Independent Contractor?

Workers’ compensation covers an injured worker if they get injured in the scope of their employment.  But, what if you are not sure if you are actually an employee of the business you were working for when you got hurt on the job?  The law looks at several factors to determine if you were an employee, or you were an independent contractor.  The difference means getting covered for workers’ compensation as an employee, and being denied workers’ compensation benefits as an independent contractor.

Generally, the elements that delineate if you are an independent contractor are:  if you are running an independent business, or occupation, that specializes in doing the kind of work you were doing when you got hurt, you have the independent use of your knowledge, skills, and training to do the work, you are doing the work at a fixed price, or for a lump sum, or upon a quantitative basis, you are not subject to firing for doing the work one way versus another, you are not in regular employ of the other contracting party, you are free to use such assistants as you see proper to use, you have full control over such assistants, and you control the hours that you work. 

Every case is different, but the more control you have over a job and its details, the more likely the courts using the factors above will lean to you being considered an independent contractor.  Other common examples of independent contractors are paper boys, taxi drivers, and certain agricultural harvest workers.  Sometimes the differences in this area of law are very subtle, and thus if your workers’ compensation case is denied because you are in deemed an independent contractor, you should call us for assistance.

Tippens & Zurosky is here to serve your auto accident and workers’ compensation needs, and has skilled and compassionate attorneys available to answer any and all questions that you might have about your case.  Tippens & Zurosky has represented people involved in auto accidents, or hurt on the job in North Carolina and South Carolina for nearly twenty years.  Let us answer any of your questions regarding any automobile accident, or work-related injury.  Call us toll free at (877) 372-3580, or 704-343-0018 to schedule a consultation so that we may assist you.