Workers Compensation and Independent Contractors status in Oklahoma determines if you’re eligible for coverage. In September of 2017, a man working in Okmulgee on a construction site broke his hand and arm. He caught his arm in a concrete mixer on the worksite. Most people would expect the company to be responsible for the injuries. However, this is not always the case. It can come down to whether or not the injured worker is an independent contractor or an employee. This distinction may make you eligible for workers’ compensation or it could completely bar you from recovery. So what makes the difference?
Independent Contractor or Employee?
A 2014 Oklahoma case, Carbajal v. Presicion Builders, Inc., provides the factors that a court looks at when designating a worker. Under law, you generally must be an employee in order to receive compensation from a worksite injury. Thus, it is important to be able to designate yourself as an employee if you are seeking recovery. The following factors are the legal criteria courts use to define independent contractors from employees:
- A written contract is in place.
- The employer controls the details of the work.
- You work under supervision of the owner or another employee.
- The company supplies the tools for the job.
- How you receive payment: regular check, job-by-job basis, etc.
- The length of time you have worked for the company.
- The work relationship is a master-servant dynamic.
If you can prove under these factors that you are an employee and not an independent contractor, then you are able to recover. This means the company you work for will be liable for your medical bills and the recovery time while you are on injury leave. However, if you cannot prove employee status, then you will likely not be eligible for any recovery.
YOU MAY ALSO FIND OUR PERSONAL INJURY ARTICLES HELPFUL.
County Attorneys Injury Attorney
Workers Compensation and Independent Contractors status is often fought over. To avoid covering you the employer may argue that you’re an independent contractor. If you suffer injuries from an accident on a construction site, or any other work location let us know. Our workers compensation attorneys have years of experience helping thousands of clients get the work injury compensation they deserve. Make sure you have the legal support to keep from getting railroaded in court. Your first consultation with our offices is free or click and ask a legal question.