Employers may classify workers as independent contractors to get out of paying benefits, workers’ compensation insurance premiums, or unemployment taxes. However, worker classification is subject to agency review. This is important when you suffer an on-the-job injury.

Independent contractor v. employees

Independent contractors usually:

• • Run an independent business

• • Set their rates and schedule

• • Control who they hire and terminate

• • Make independent decisions on how to complete the work

• • Provide their own equipment and tools

• • Pay for their own training

• • Market their services to other entities

• • Provide their own benefits

The determining factor is control. If an employer labels an employee as an independent contractor but sets their pay and schedule, that status becomes questionable. This scenario becomes more problematic if the “independent contractor” must follow the employer’s instructions and use their equipment and tools.

Eligibility for workers’ compensation benefits

Even if you are an independent contractor, you may still be eligible for workers’ compensation benefits if your employer misclassifies you. Some signs of misclassification may include:

• • No bargaining power when it comes to your work schedule and payment

• • Restrictions on marketing your services to other clients

• • Requirement that you follow your employer’s instructions–not your knowledge and experience

• • Requirement that you use the employer’s space, equipment, and supplies

Once misclassified, your employer may be liable for back taxes and penalties, including any workers’ compensation and unemployment benefits. Besides becoming eligible for workers’ compensation benefits, you can also pursue your employer for misclassification and receive unpaid wages and benefits.

If you’ve been injured on the job, the experienced workplace injury attorneys at Goldman, Babboni, Fernandez, Murphy & Walsh in Bradenton, FL may be able to help you get compensation. Call today to schedule a consultation.