Are You Working Like an Employee but Given Independent Contractor Status?

January 14, 2021 Jeffrey S. Gross Workers Compensation

If so, your boss may be taking advantage of your time while avoiding the costs associated with an employee. Since the recession in 2008, companies have increasingly sought to use independent contractors to cover their labor instead of hiring employees. From painters to office assistants, companies seek to avoid taxes, paperwork, and liability by classifying their laborers as independent contractors.

There are numerous pros and cons to working as an employee or an independent contractor. However, be mindful that if you choose to be an independent contractor, you are treated fairly.

When you are hurt on the job, you rely on worker’s compensation. You may have a family to support, medical bills, recovery time, and a slew of other responsibilities. The last thing you should have to worry about is whether your claim will be turned down because you are considered an independent contractor.

The highly sought attorneys at Gross & Kenny, LLP, understand that Pennsylvania laws have changed in recent years to ensure laborers have access to the funds they need when they are injured. Often, if an employer has not explicitly stated that you are an employee or an independent contractor, you may find yourself hurt and in limbo, wondering how to make ends meet. If you or someone you love has been injured on the job in Philadelphia, Pennsylvania, you need a workers compensation attorney in Philadelphia of Gross & Kelly, LLP on your side.

What is the Difference Between an Independent Contractor and an Employee?

According to the Office of Unemployment Compensation, Pennsylvania, an independent contractor is

• A person that will be free from control or direction over the performance of their services. If you are hired as an office assistant, and your employer has control over when and where you work and how you perform your duties, you are an employee. You are not an independent contractor under Pennsylvania law.
• The person must be customarily engaged in an established trade, profession, or occupation. A person may have their own painting business and are asked to paint the interior of a new office. As long as the person retains control of their schedule and how to perform their duties, they are considered independent contractors.

How Pennsylvania Law Changed

In previous years, companies and individuals were found to be taking advantage of workers in risky occupations. The construction industry holds some of the higher workers’ compensation claims due to the dangers found in their work. Injured workers found their workers’ compensation claims denied due to the company stating they were independent contractors, and therefore, ineligible. However, the Construction Workplace Misclassification Act (Act 72) changed that. Under the new law, construction workers must meet the above criteria and have:

• A written contract
• Liability insurance during the term of said contract.

How Gross & Kenny, LLP Can Help

If you have been hurt while on the job, you have enough to worry about. Call Gross & Kenny, LLP today. We will secure you worker’s compensation benefits so you can get on with healing. When you need a worker’s compensation attorney in Philadelphia, Pennsylvania, call us for a free consultation of your case by clicking here or calling 267-589-0090.