Independent Contractor vs. Employee (Workers’ Compensation)
One tricky area of Workers’ Compensation law is the distinction between employees, who are entitled to Workers’ Compensation benefits, and independent contractors who are not eligible. It seems simple enough, but in reality there are many aspects of the relationship and working practices of contractors that can qualify a seemingly independent contractor as an employee eligible for Workers’ Compensation.
For example, under Oklahoma Workers’ Compensation law, a contractor may be considered an employee if they have a longstanding or exclusive relationship with the person or group hiring them or if their work is closely supervised or controlled by their contract partner. There are other factors regarding payment and other aspects of the relationship that may qualify a contractor as an eligible employee.
Each case is considered on an individual basis, so if you are a contractor that has suffered a workplace illness or injury, you are likely to need an experienced Oklahoma Workers’ Compensation attorney to help you figure out if you are eligible for Workers’ Compensation insurance and benefits. Even if you should qualify for Workers’ Compensation as an employee, the employer’s insurance company may try to deny an employer-employee relationship in order to deny your claim. This may be grounds for a Workers’ Compensation lawsuit in Oklahoma.
If you or a loved one is an independent contractor or other nontraditional employee who has been injured on the job in Oklahoma, please contact Stipe Injury Law right away to schedule a free consultation to determine your eligibility for Workers’ Compensation benefits.
