One of the criteria needed to be successful with your Workers’ Compensation claim is a finding of an employer-employee relationship. While is seems obvious that you must be an employee, injured at work, to collect Workers’ Compensation payments there are many instances where it is not that clear cut. The simple fact that someone is injured while “working” does not mean that he or she is an employee covered by Workers’ Compensation.
In many areas of labor, most commonly the construction fields, independent contractors who may not be employees are hired to perform construction work. Certain factors are reviewed before making a decision as to whether someone is actually an employee. There are no cut and dried rules or checklists to determine whether or not someone is deemed an independent contractor or employee. However, some of the more important factors in making this determination are the nature of the work being performed, method of compensation, right to discharge, and right to control the work being performed.
The Courts will look at these and other factors to determine whether or not someone is an employee or independent contractor. An employee would be entitled to Workers’ Compensation benefits but an independent contractor will not. However, an independent contractor is not barred from filing a lawsuit against the person that hired him or her. Conversely, if someone is deemed an employee they are not allowed to sue their employer and are limited to the remedies found in the Workers’ Compensation Law.
The area of employer-employee relationship is often complicated and usually requires extensive litigation. If you have been involved in a work related accident and are not sure whether you qualify for Workers’ Compensation benefits or have a cause of action in negligence, please feel free to contact our office.