Am I Covered If I Am An Independent Contractor?

Some employers misclassify workers as independent contractors to avoid paying benefits. Just because your employer says you are an independent contractor doesn't mean you are not under New York law. Instead of relying on your employer, it may be beneficial to get an opinion from an experienced workers' compensation lawyer.

If you suffered an injury at work, you may have applied for workers' compensation benefits under the belief that your employer would approve your claim. Then, you received a denial of your claim because your employer says that you are an independent contractor and ineligible for benefits. If this is news to you, then you may want to appeal that decision.

What The Law Says About Independent Contractors

Workers' compensation law judges consider the following factors when determining an employee's classification:

  • Whether you and your employer have a specific contract for you to perform specific duties
  • Whether your employer controls the way you work and the time in which you work
  • Whether your employer provides you with the equipment and tools you need to perform your duties
  • Whether your duties are in line with your employer's principal business
  • Whether you perform work for other businesses
  • Whether you have your own recurring business obligations and liabilities
  • Whether you file self-employment or business taxes
  • Whether you have a federal employer identification number from the IRS
  • Whether you have a place of business separate from your employer
  • Whether you put yourself out there as separate from your employer through advertising or business cards
  • Whether you work under your own contract, permit or authority
  • Whether you have an insurance policy under your federal EIN and business name

If you work in the construction or trucking industries, other factors may require consideration as well. In any case, it may fall on you to prove that you are an employee and not an independent contractor.

Learn More About Your Rights If You Are Injured

Jonathan H. Poznansky, Attorney at Law, has been helping people like you answer this question since 1985. For a free initial consultation regarding your circumstances, call 347-201-7696 or fill out our online contact form today. We represent clients who work in Staten Island and Brooklyn, including clients who commute from New Jersey.