Independent contractors are generally not eligible for workers’ compensation benefits. However, under California law, merely referring to someone as a contractor is not enough to exclude them from this coverage. The state uses a test to determine whether an employer-employee relationship exists.
That does not prevent disputes regarding independent contracts and workers’ compensation in San Bernadino from cropping up. The good news is that a dedicated workers’ compensation attorney could help you get the benefits you deserve.
Independent Contractors are not Entitled to Workers’ Compensation
Strictly speaking, independent contractors are not entitled to workers’ compensation benefits. Since they operate as independent businesses rather than employees, workers’ compensation does not cover their workplace injuries.
This status was primarily created for individuals who genuinely perform freelance work, like subcontractors, lawyers, and doctors. Over the years, many businesses have attempted to treat workers who are essentially employees as contractors to avoid paying out workplace injury claims.
According to the IRS, a person qualifies as an independent contractor only if the company controls the work’s outcome but not the manner of its performance. The more control a business exercises over an individual’s daily work, the more likely state law will classify them as an employee.
These questions can be complex, especially under California’s approach. It can be helpful to speak with an attorney in San Bernadino about issues with independent contractors and workers’ compensation claims.
Determining Employee Status
The state uses three distinct factors to determine whether a person qualifies as an employee. Each factor relates to the amount of control the company has over the worker’s daily activities. Together, these factors determine whether a person in San Bernardino qualifies for workers’ compensation benefits or is truly an independent contractor.
The Right to Control Behavior at Work
One of the most important factors is the extent to which a company controls a worker. Highly detailed instructions regarding where to work, how to perform a task, or what equipment to use are all signs that a person is an employee. The extent to which workplace training is also relevant.
The Right to Control Business Aspects of the Job
There are also financial questions to consider. Some signs that a person is an employee include having the company provide their equipment, receiving reimbursement for expenses, or earning a regular salary instead of commission.
The Relationship with the Company
The third element relates to a worker’s relationship with a business. Courts will look at any employment contracts, although the title given to a worker is not enough to determine their status. A sign that a person is an employee is that they receive benefits like insurance or a pension. Being hired for an indefinite period or providing services related to key activities within the business also counts.
Talk to a Lawyer in San Bernardino About Independent Contractors and Workers’ Compensation Benefits
You might be entitled to benefits following an employment-related injury, even if the company treats you as a freelancer. If you have questions about independent contractors and workers’ compensation in San Bernardino, now is the time to ask. Reach out today for a private consultation.
(909) 885-1620