Independent Contractors and Workers’ Compensation in Fresno

Your employment status is an important detail when seeking workers’ compensation benefits from an employer. Not all working relationships enjoy the benefits of workers’ compensation, and the most common of these is the independent contract status. However, the application of independent contractor and workers’ compensation in Fresno is not simple and depends on the unique facts of your working relationship. If you were improperly misclassified as an independent contractor, you could still have a claim to workers’ compensation benefits. Our workers’ comp attorneys could guide you through this process.

Are Independent Contractors Eligible for Workers’ Compensation Benefits?

Employers generally only have workers’ compensation liability to their employees under the conditions of Labor Code § 3600. This means Fresno independent contractors do not qualify for workers’ compensation benefits when injured while providing services to others and are responsible for obtaining their own insurance to cover injuries and losses through their work. That said, a person could be eligible for workers’ compensation if their Fresno employer misclassified them as an independent contractor.

What Is the Difference Between an Employee and an Independent Contractor?

An independent contractor is typically a self-employed individual who provides services to multiple individuals and businesses. In comparison, an employee is someone who works for a singular employer. Despite this simplified distinction, classifying an employee as an independent contractor often requires a highly factual analysis of the working relationship on a case-by-case basis.

Assembly Bill 5 outlines the factors that could further influence the classification of a person’s employment status. The presence of the following factors under Labor Code § 2776 could establish the person is an independent contractor:

• The person has freedom in the control and direction of performing the work
• The recipient of the person’s services is the contracting business or its employees
• A written contract exists that specifies the pay, scope of work, and payment due date
• The person has required business licenses or tax registrations
• The person has a separate business location way from the location of their contracting business
• The person has an independently established business that provides similar services as the work performed for the contracting business
• The person is free to contract with other businesses
• The person advertises their ability to provide services to others
• The person provides their own tools and equipment to perform services
• The person can negotiate their own rates for work.
• The person is free to establish their own hours and work setting

The burden is on the employer to prove the person is an independent contractor and not an employee.

Challenging Independent Contractor Misclassification in a Workers’ Comp Case

Employers sometimes attempt to misclassify their employees as independent contractors in Fresno to sidestep some of the costs and obligations of having employees, such as requirements for wage and hour laws or participation in its workers’ compensation program. It is not enough for an employer to label a person as an independent contractor on a written form or by using tax reporting forms for self-employed individuals. Rather, the employment status depends on the true nature of the working relationship.

Schedule a Case Review to Discuss Independent Contractors and Workers’ Compensation in Fresno

If you recently suffered an injury while working, an attorney could be useful. They could determine the potential existence of an employment misclassification of your employment and could pursue available benefits to compensate for your injury. Call now to learn more about independent contractors and workers’ compensation in Fresno.