When companies need extra help but do not want to go through the whole traditional hiring and onboarding process, they typically just engage the services of independent contractors like you. As established professionals, independent contractors can be a valuable addition to any organization.
However, even though you work as a separate entity from the company, that does not preclude you from being hurt or becoming sick at work. If that happens and you are unable to work, you may be unsure of your options. You might wonder if you can still seek workers’ compensation even though you are not an employee. Our seasoned workers’ compensation attorneys can help you figure that out. We are ready to answer your questions about independent contractors and workers’ compensation in Findlay.
In Ohio, all workers’ compensation benefits can only be received by employees or people whom an employer has the right to control. This means that the employer dictates the manner or means by which work is done in their organization.
Therefore, if a workers’ compensation claim is filed with the Bureau of Workers’ Compensation, this would be the eligibility test to show that the worker was indeed employed as a staff member of the company.
Independent contractors, however, are considered self-employed. This means that even though they work for an organization, the company does not determine how or when they work. This implies that because they are not an official employee, they cannot receive workers’ compensation benefits for any injuries or illnesses they experience while working for the organization.
However, depending on their circumstances, contractors may be eligible for certain exemptions or workarounds. Injured independent contractors in Findlay and the surrounding area can consult with an experienced workers’ compensation attorney to explore their legal options.
Despite official contract agreements between a contractor and an organization, the mode of work or engagement can determine if they function as one. If a contractor’s mode of operation is largely dictated by the hiring company, the injured contractor may qualify for workers’ compensation benefits on the grounds of misclassification.
This means that even though they are formally addressed as contractors, their real day-to-day function is similar to an employee’s. A good example of this is a lawsuit filed by FedEx Ground contractors against the parent company on the grounds of misclassification.
Summarily, FedEx hired them as contractors but treated them as employees, owing them overtime pay and reimbursements and compelling them to use the FedEx brand on their trucks and uniforms. Therefore, even though they were contractors on paper, they were FedEx employees to everyone else.
Injured independent contractors in Findlay and the surrounding area who think they may qualify for workers’ comp benefits would benefit from a consultation with the experienced legal team at Schaffer & Associates.
You may have chosen to work and operate as an independent contractor because of the freedom it allows you. However, if you are injured or ill at work, it is important to see if you qualify to file a workers’ compensation claim or explore alternatives, such as filing a third-party claim or even an injury lawsuit against the company if there is proof of negligence.
At Schaffer & Associates, our workers’ compensation lawyers can review your case and determine if you are eligible for workers’ comp benefits. If you are not, we may be able to explore other financial remedies available to you to ensure you receive a substantial settlement for your injury.
Contact us today and schedule a case evaluation to discuss independent contractors and workers’ compensation in Findlay.