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  • Can an Independent Contractor Receive Compensation for an Injury?

    On behalf of The Frickey Law Firm, posted on Wednesday, July 31, 2013.

    A number of people in Colorado are finding jobs as independent contractors nowadays. Whether it be working from home or performing manual labor, the entities providing work do not list independent contractors as employees. This means that they do not benefit from employer insurance coverage and must rely on their own health insurance should something go wrong during a job. Just because you are an independent contractor does not mean that you cannot file a lawsuit against the company has hired you. There are many factors that make up the legal determinations defining an employee and an independent contractor.

    For example, perhaps you are told you are an independent contractor by a company and are performing work for them during hours they determine. A judge may actually deem you an employee because of this, especially if you are being told what tasks to do by the company and how to perform them. If you are doing construction work and the company paying you provides tools, you may also be deemed an employee in the eyes of a judge. Many employers will oppose this and if an award is passed down during an injury lawsuit, it is likely they will appeal. Companies that use independent contractors often strike up documents for individuals to sign before working with them to ensure that such suits cannot be pursued.

    Still, it is worth contacting a workers compensation lawyer if you are working as an independent contractor and suffer an injury. If you do not speak with an attorney, you may never have the chance to receive reimbursement for the pain and suffering, medical expenses or lost income that you have endured. The world of workers’ compensation can be extremely complicated and why it is suggested that you speak with an attorney, particularly when there is a debate about your status as an employee.