Professionals in many different industries can sustain significant injuries at work. Many times, those professionals might be eligible for workers’ compensation benefits. The law requires businesses to carry coverage to indemnify the organization and limit employee risk.
Direct-hire employees hurt on the job or diagnosed with a job-acquired illness can typically pursue a workers’ compensation claim. The benefits available include both medical coverage and disability benefits that can cover lost income.
Some of the professionals working in the most dangerous careers are technically independent contractors. Those professionals may face a very complex workers’ compensation claim after an injury or diagnosis. Frequently, independent contractors need help when they choose to file for workers’ compensation benefits. What challenges can they expect?
Questions about their classification
The biggest issue an injured independent contractor faces is the nature of their relationship with an employer. Some independent contractors truly run their own companies, so they may carry their own coverage. Many others rely on their employers because they consistently work for the same company.
Misclassifying workers as independent contractors is relatively common. Businesses try to limit their financial exposure and legal obligations by claiming that workers they treat as employees are actually independent contractors. Those workers could be eligible for benefits in some cases.
In Indiana, there are guidelines that the state applies when evaluating whether a worker is truly an independent contractor or an employee. Kentucky has a six-factor test that determines how workers are classified. Workers who can show that a company misclassified them may qualify for workers’ compensation benefits.
Issues with disability pay
The variable wages earned by independent contractors can also become a complicating factor in a workers’ compensation claim. Even after establishing their eligibility for benefits, the injured professional may have a hard time getting the disability benefits they deserve.
The fluctuations and their income can complicate the process of seeking disability benefits. Particularly when they switch roles and pay rates regularly, they may need help proving their income. Additionally, independent contractors may sometimes command wages that go beyond the maximum benefits available under current state regulations.
Independent contractors and other professionals expecting a complex workers’ compensation claim may need help. Those who secure support and legal guidance early in the claims process may improve their chances of getting the benefits they need.
