It’s not only your workplace that might be unsafe-your employer may be a hazard to your legal rights. Construction workers are especially vulnerable to being misclassified by their employers as independent contractors.
Why should you care? Because misclassification as an independent contractor may affect your right to workers’ compensation benefits, to unemployment, and it could impair or create an obstacle to your personal injury case. Keep reading to learn more.
Especially in construction, with scaffold and demolition workers, employers try to turn their employees into independent contractors to save money-to the detriment of their working men and women.
So what is an independent contractor? There is no easy-to-use definition-the Workers’ Compensation judge makes the ultimate decision. But here are the factors that the judge will look for: do you or your boss control how you do your work, and your work schedule? Are you paid by the hour/week, or by the job? Does your boss give you your tools and other equipment or do you supply them? Finally, the judge will look at other factors such as whether you work for the same company all the time, or whether you work for other companies, as well.
If you suspect you are being misclassified as an independent contractor, protect yourself and your family by calling me for advice as soon as you can.