Being adjudicated an Independent Contractor in Workers Compensation Court greatly impacts your rights to medical treatment and disability payments. In December of 2016 a group of exotic dancers from Oklahoma City filed a class action lawsuit regarding their status as employees vs. independent contractor in workers compensation. This designation is extremely important in the legal sense. As a result, many companies seek to label employees as an independent contractor in workers compensation to get out of getting you the medical help you need. This is especially true when it comes to workers’ compensation and injury laws. If a company can label an employee as an independent contractor, then they are not liable for any damages the independent contractor receives while on the work-site. So, a 2014 Oklahoma case set out the details that separate an Independent Contractor in workers compensation from an Employee.
Independent Contractor or Employee?
In the 2014 Carbajal v. Precision Builders case, the court identifies a set of factors to determine the status of a worker. These factors are vital when it comes to injury compensation. They are:
- A written contract exists.
- The employer controls a large part of the work.
- Any work by the worker is subject to supervision.
- You supply your own tools for working.
- How you are paid (weekly check, payroll, or check-by-job)
- Length of Employment (on-going vs. job-by-job)
- Perception of the parties (master-servant relationship, equals)
Employees tend to have an on-going basis for work and fall under supervision of an employer; while independent contractors are generally on a job-
by-job basis and supply their own tools. This distinction is very important. Under workers’ compensation laws, independent contractors generally do not receive any type of workers compensation if they receive on-site injuries.
More Information on Oklahoma Workers Compensation HERE.
Our Wagoner Work Injury Lawyers Can Help
Our Wagoner Attorneys understand that many Oklahoman’s work in physical trades. Therefore, this brings about a greater possibility for on-site injuries. Further, this also creates a fine line between employees and independent contractors that many people may try to exploit. If you are facing workplace injury and the Insurance Company is claiming that you are an Independent contractor in Workers Compensation call our offices. We have years of experience in Workman’s Comp and can help you navigate the system. Your first consultation is free. Call 918.283.7394
