Contractor misclassification barring you from workers’ comp?

Law Offices of Joel L. Katz, LLC Team

Employees and independent contractors are treated differently under the law-and entitled to very different rights and benefits. An independent contractor is not eligible for workers’ compensation, overtime pay, paid time off or employer-subsidized healthcare. Therefore, hiring independent contractors instead of employees can represent significant financial advantages for an employer.

Often times, employers will try to claim that an employee is actually a contractor-in order to avoid paying for such benefits. However, simply labeling a worker as an “independent contractor” is inadequate to classify them as such. Even filing a 1099 form for a worker does not automatically make them a contractor.

The following are the core criteria used to determine a worker’s true classification:

  • Payment method: An employee typically receives a salary or hourly wage, which is paid out in regular increments (weekly or biweekly) throughout the year. A contractor, on the other hand, often receives a lump sum for each project they complete.
  • Autonomy: Contractors have considerably more autonomy than employees. They can often choose their own work location and hours, and they have the freedom to determine the best manner of going about their work. With employees, the employer usually dictates such terms.
  • Training: Contractors are usually hired for a specialized skill set they already possess. Therefore, they normally do not undergo company training, as employees do.
  • Equipment: Contractors may be expected to provide any equipment necessary to complete their work, while an employer should provide such equipment to their employees.
  • Permanence: An employee’s job is typically seen as a permanent engagement from the onset, while a contractor’s job often only lasts for the duration of their project(s).

Worker misclassification is a common problem in the workplace. If you believe you have been misclassified as a contractor and have suffered a workplace injury, it’s important to consult with an experienced workers’ compensation attorney to claim the benefits you deserve.

Client Reviews

Absolutely love me Katz and the team! They are truest amazing! Barbara was truly my life saver throughout the entire process! Once again thank you! You won’t be disappointed!

- Alexandra B.

We had an accident in MD in Aug of 2018. No one would even return our call at other Firms. Barbara M. at Mr. Katz’s office responded right away and got the ball rolling on my case. Very helpful and she stayed in constant contact until our case was resolved. I absolutely would recommend them to...

- Will P.

Mr Katz has handled my husband’s and my accident claims. We were both in serious motorcycle accidents and sustained multiple injuries. Mr Katz has worked hard to make sure that we get what we need. His team has made me feel like we are important and that they are here to take care of us. I would...

- Charlene J.

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Aggressive Representation, Proven Results
Fill out the contact form or call us at (410) 841-5333 to schedule your free consultation.

Leave Us a Message

Martindale-Hubbell
Million Dollar Advocates Forum
AABA Badge
American Association of Justice
ABA Badge
Maryland Association form Justice
Maryland Criminal Defense Attorneys Association
Bar Register