If you consider yourself to be an independent contractor who was recently injured on the job, before taking the steps towards filing a claim, we first recommend you double check your job classification.
The form of payment alone or failure to take out payroll taxes DOES NOT determine your independent contractor status. In order to meet the definition of independent contractor, at least four of the following criteria must be met:
- The independent contractor maintains a separate business with his or her own work facility, truck, equipment, materials, or similar accommodations;
- The independent contractor holds or has applied for a federal employer identification number, unless the independent contractor is a sole proprietor who is not required to obtain a federal employer identification number under state or federal regulations;
- The independent contractor receives compensation for services rendered or work performed and such compensation is paid to a business rather than to an individual;
- The independent contractor holds one or more bank accounts in the name of the business entity for purposes of paying business expenses or other expenses related to services rendered or work performed for compensation;
- The independent contractor performs work or is able to perform work for any entity in addition to or besides the employer at his or her own election without the necessity of completing an employment application or process; or
- The independent contractor receives compensation for work or services rendered on a competitive-bid basis or completion of a task or a set of tasks as defined by a contractual agreement, unless such contractual agreement expressly states that an employment relationship exists.
If your status does not meet any of the criteria listed above, you likely are an employee and can file a worker’s compensation claim. If you don’t meet the above criteria, there is another statutory test for an independent contractor v. an employee. Contact a workers’ compensation attorney to learn your eligibility status and to determine how, and if, you are covered for work related injuries.