Am I really an Independent Contractor?

A recent study published in workerscompensation.com suggest that only 17% of small businesses purchase the workers compensation insurance that is required. In New York, every business with an employee is required to purchase a policy of workers compensation insurance or have an approved self insurance plan. Owners may opt out of the policy but, generally speaking that is not a good long strategy, more about that in a future blog.

Business, both large and small often attempt to get around the Workers' Compensation law by asserting that they have no employees. Instead, they assert that those working alongside them are contractors or independent contractors. But are they really?

While you may be told you are a contractor or sign an agreement that says you are a contractor or even hold yourself out as a contractor. Such designation does not always hold up in court. In New York, the determination is made by looking at control.

That is, who really controls the contractor? The court takes evidence on who provides the work, the tools, the materials as well as the time in which the work is completed. The court looks into other factors as well such as the nature of the work, how the contractor is paid, whether or not the contractor can refuse work or whether or not the contractor has more than one customer.

If the court finds that person or business that you are doing the work for has sufficient control, the court will find that you are an employee, and entitled to the protections of the Workers Compensation Law. In New York, there are special laws dealing with workers in the construction and trucking industry to combat the problem of uninsured injured workers. And New York has a special fund to pay and administer claims where the employer has failed to procure a policy of workers compensation insurance.

So if you are hurt at work and told you have no workers compensation because you are a contractor you may have a remedy. The Attorneys at MCVLaw have experience in investigation and arguing that you were an employee and not a contractor in the eyes of the law.

Call MCVLaw to arrange a review of your case today.
315 471 1664.