There are usually a lot of questions regarding workers’ comp benefits for independent contractors. Unfortunately, most workers’ comp claims filed by these types of workers are denied because independent contractors are not considered employees.
Some employers misclassify their workers as independent contractors to reduce payroll costs. If your employer has misclassified you, you may be eligible for workers’ comp benefits.
What’s the difference? Why are there no workers’ comp benefits for independent contractors?
Under South Carolina law, there are a number of factors that determine whether someone is an employee or an independent contractor. The courts primarily rely on a Right to Control Tests to determine the right classification of individuals. The test determines whether the employer has the right to direct and control the work of the individual. The main factors that show right of control are:
- Direct evidence of right or exercise of control (Is there a written contract between you and your employer? Do you control how the work you perform for the employer is done?)
- Method of payment (Can you seek and perform work elsewhere, while also performing work for the employer?)
- Furnishing of equipment (Do you provide your own tools and equipment to get the job done?)
- Right to fire (Is there an end date for the work you do for your employer?)
These factors evaluate the amount of control your employer has over the worker. The more control your employer has over the work you do, the more likely it is that you should be classified as an employee.
The differences between an employee and an independent contractor are often quite subtle. Sometimes the only way to prove that you’re actually an employee is to hire an experienced workers’ comp attorney to ensure that a mistake has been made and that you’ve been misclassified.
If you believe you’ve been misclassified as an independent contractor, contact The Clardy Law Firm. We can help get you the compensation you deserve.
