The gig economy is booming, with more people working as independent contractors than ever before. While this employment model offers flexibility, it also raises questions about workers’ rights, especially regarding injuries sustained on the job. Unlike traditional employees, independent contractors often face challenges when seeking compensation for work-related injuries. Consider the following facts and figures:
- According to the Bureau of Labor Statistics, as of 2020, approximately 16 million people in the U.S. were classified as independent contractors.
- Studies indicate that independent contractors may face higher injury rates compared to traditional employees due to less regulatory oversight and fewer safety resources.
- Research from the National Employment Law Project shows an increasing number of misclassification lawsuits, highlighting the complexity and prevalence of this issue.
Understanding the Independent Contractor Status
Independent contractors are individuals or businesses that provide goods or services to another entity under the terms of a contract. They are not considered employees and therefore do not receive the same benefits and protections, such as workers’ compensation. The distinction between an employee and an independent contractor is crucial, as it determines eligibility for various labor protections.
Criteria for Independent Contractor Classification in Massachusetts
Massachusetts has stringent criteria to determine whether a worker is an independent contractor or an employee. According to the Massachusetts Independent Contractor Law (MICL), a worker is considered an employee unless the employer can prove the following three conditions:
- The worker is free from control and direction in performing the job, both under the contract and in fact.
- The service provided is outside the usual course of business of the employer.
- The worker is customarily engaged in an independently established trade, occupation, profession, or business.
If all three criteria are not met, the worker should be classified as an employee, entitled to all employee benefits, including workers’ compensation.
Rights of Independent Contractors
While independent contractors do not qualify for workers’ compensation, they do have certain rights and legal avenues to pursue if injured on the job:
Contractual Rights:
- Review your contract for any clauses related to injury compensation or liability.
- Some contracts may include provisions for injury-related expenses.
Negligence Claims:
- Independent contractors can file a personal injury lawsuit against the hiring entity if negligence caused the injury.
- Proving negligence involves showing that the entity owed a duty of care, breached that duty, and caused the injury.
Third-Party Claims:
- If a third party (not the hiring entity) is responsible for the injury, the contractor can file a claim against that party.
- This includes situations like defective equipment or negligence by another contractor.
Misclassification Claims:
- If you believe you have been misclassified as an independent contractor, you can file a claim to be recognized as an employee.
- Successfully reclassifying can entitle you to workers’ compensation and other employee benefits.
Steps to Take After a Work Injury
- Seek Medical Attention — Prioritize your health by seeking immediate medical care, and document all treatments and medical advice.
- Report the Injury — Inform the hiring entity about your injury as soon as possible, and keep records of all communications regarding the injury.
- Review Your Contract — Examine the contract for any relevant clauses about injury compensation or liability.
- Gather Evidence — Collect evidence related to the injury, including photos, witness statements, and equipment involved.
- Consult an Attorney — Contact a lawyer experienced in workers’ compensation and personal injury law. An attorney can help you understand your rights and the best course of action.
Contact the Work Injury Team at Altman & Altman, LLP Today
At Altman & Altman, LLP, we specialize in workers’ compensation and personal injury cases, including those involving independent contractors. Our highly-skilled and knowledgeable attorneys are committed to helping you understand your rights and achieve the best possible outcome for your case. For more information or to schedule a consultation, contact us today.