My employer says I’m an independent contractor. How does that affect my case?
Hopkins, MN personal injury attorney Joshua Laabs talks about whether or not someone can receive workers’ comp as an independent contractor.
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Phone: (952) 473-4530
So independent contractor defenses – that’s what they’re called – happen a lot in Minnesota, and specifically primarily in two areas. What this means is the employer says, “No, you don’t get work comp, because you’re an independent contractor.” The two areas that that happens most commonly are construction workers and we’ll call them roofers – people that work on roofs during hail storm damage recovery times. If an employer tells you that you’re an independent contractor or that they don’t have workers’ compensation insurance, you generally should seek the advice of an attorney. With regard to the independent contractor, it’s not a simple analysis, and in different industries, the analysis is different. For example, simply having an agreement, a written agreement that you signed and that person that you work for signed, saying you’re an independent contractor, that’s not the end of the analysis. You may not be an independent contractor just because that exists there. If it’s a general worker, that’s a five-factor test. If it’s a construction worker, there’s a nine-factor test. And in certain industries, like trucking or messenger, there’s a different test. So if someone tells you that you’re an independent contractor and you’re not entitled to work comp benefits, definitely seek the advice of an attorney to determine whether or not the employer’s right, wrong, or somewhere in between.