Independent Contractors and Workers’ Compensation

There are two different classifications of people who work, employees and independent contractor. Independent contractors are individuals who work for a business but also for themselves. That means that when they go to work for a company, they may bring their own equipment, have their own insurance and they can work for many different employers at once, depending on the job. Employees, on the other hand, work only for one employer using the employer’s equipment, and at the times in which the employer tells them to.

Another difference between an independent contractor and an employee is when it comes to matters of workers’ compensation. If you are injured while working as an independent contractor, the facts of your job determine whether you are eligible for workers’ compensation, not your employer. Independent contractors are generally covered under workers’ compensation. This is because even though an independent contractor isn’t techinically an employee, the Workers’ Compensation insurance law uses “employee” as a blanket term for day laborers, leased or borrowed employees, part-time employees, unpaid volunteers, and the majority of subcontractors.

However, if the independent contractor intends to work for multiple businesses, they may have to obtain their own workers’ compensation insurance policy. If this is your situation, be prepared to provide the business with proof of insurance.

Since this can quickly become confusing, your best bet is to consult with an experienced workers’ compensation attorney who can assess your situation and provide you with assistance.

The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.