You didn’t really expect to be given workers’ compensation for your injury. After all, you’re a contract worker, and you’re not covered in the system...or is that just what your employer would like you to believe? While it’s true that independent contractors cannot receive workers’ comp for an injury in California, you may actually be an employee rather than a contract worker, and therefore entitled to coverage for your medical bills and lost wages.
Here are three common ways regular employees mistakenly believe that they are independent contractors:
- Tax deductions – Independent contractors typically receive IRS form 1099 for yearly filing, and do not have any withholdings for taxes or social security benefits taken from their wages throughout the year. However, just because you receive a 1099 form instead of a W-2 has no legal significance in your job description.
- Payment schedule – It does not matter if you are paid monthly, biweekly, or by some other method than other established employees at your workplace.
- Employer’s classification – It is to an employer’s advantage to classify workers as independent contractors rather than employees. For each contract worker, the employer does not have to pay payroll taxes, overtime, business expenses, workers’ compensation insurance, unemployment wages, disability, or social security.
If you were denied workers’ compensation because your employer considers you a contract worker, the Ledgerwood Law Group can fight for your rights and get you the payments you need to heal. Call us today at 888-761-7383 to have an attorney investigate your case. For more information and helpful tips, get a copy of our FREE book, The Northern California Workers’ Compensation Survival Manual.
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