Are Independent Contractors Covered By Workers’ Comp?
Every year, more employers choose to hire independent contractors for some jobs rather than employees. Unfortunately, working as an independent contractor can place limitations on your ability to obtain workers’ compensation or other benefits.
While independent contractors are not eligible for workers’ compensation, you should not give up if your employer has denied your claim. Many workers classified as independent contractors are in fact employees under the law. At Torrisi & Torrisi, P.C., our lawyers offer a free initial consultation to review your case and determine if you are eligible.
Employers Often Misclassify Workers As Independent Contractors
Even if your employer classifies you as an independent contractor, it does not mean that you are one. It is not uncommon for employers to misclassify employees as independent contractors to render them ineligible to receive workers’ compensation benefits.
Massachusetts uses a three-part test to determine if workers are independent contractors or employees.
Am I An Independent Contractor Or Employee?
Under Massachusetts’ three-part test, you are considered to be an independent contractor if you satisfy each of the requirements below:
- You control your work and how you work.
- You do work for a company that does not typically do what you are doing or you do not work at their locations.
- You work independently.
Our attorneys can help you determine if you satisfy these requirements or if you are eligible to receive compensation if you have been misclassified.
Consider purchasing workers’ compensation insurance if you are not covered. Independent contractors who are not covered by their employer’s workers’ compensation insurance can purchase coverage at reasonable rates.