What Independent Contractors Need to Know about Workers Compensation

Published on: 16 March 2020 Last Updated on: 15 July 2024
Independent Contractor

Are you an independent contractor?

What if a worker (employee) gets injured during the line of work? Would they compensate according to the fair rights of workers? Where many companies ought to ignore the rights of their workers or may not be completely aware requires the rule book again. If this happens, then definitely it is time to hire a Construction Workers Compensation Lawyer in Oregon to help you get the justice you deserve.

Though there is a  Seattle worker’s compensation attorney and even Texas is loaded with it, therefore rather than going unethical with your worker regarding his compensation rights, you might want to get an attorney.

If you are an independent contractor you need to know about your workers’ compensation rights. It’s the best way to stay in touch with reality and not even get cheated on by fake compensation claims of your workers.

What does workers’ compensation cover?

It is like an insurance program for your workers. This program covers their medical coverage, rehab expenses, and even partial wages when the worker gets injured during the work process.

The new system of workers compensation replaces the traditional way of using the party that was somehow the reason for the injury during work. In exchange for not suing their employer and getting certain benefits in return for the injury or damage.

Mostly workers’ compensation is governed under state law.

Factors to be considered:

The court determines whether the person is an independent contractor or a worker who fully deserves the compensation and is open to a number of benefits. These factors may be made under the state law that governs workers’ compensation or under the state of common laws.

Scope of the Work

An employee may work for one employer but when it comes to an independent contractor, they may consist of more than one employer. Whereas, employees are given specific working hours and independent employees set their own working hours. An employee works at a specific provided location and the situation is vice-versa for an independent contractor because he or she can choose any location for work.

Control, Cost, Contract

The most important distinction between an employee and independent contractors is the employer’s control over their actions. Independent contractors mostly fit the work according to how they would want it while the employees are scrutinized with their format of doing work.

Keeping in mind that independent contractors are generally expected to pay for cost affiliated to work. Whereas, employees don’t have to bear the cost of the work at all.

Employees are generally hired “at-will” to work and it can be ended by both parties. However, the independent contractor works under an agreement of time-span which is not amendable.

You need Legal Assistance!

Courts can evaluate the situation and easily encounter if the independent contractor falls for workers’ compensation or not. It is not only up to the employers.

Only the legal guidance can state how different each case of an independent contractor or employee is for compensation with several rules and factors. If you are classified as an independent contractor doesn’t mean you don’t get workers’ compensation. It all depends on your case.

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Construction Accident

After A Construction Accident: Worker’s Rights, Compensation, And Legal Recourse

The workplace is one of the most dangerous places a person can be in. Accidents can still occur even though safety managers and company owners do their best to uphold safety in the workplace. In fact, per data from the International Labor Organization (ILO), around 340 million workplace-related accidents are recorded every year. These accidents happen across various sectors, including the construction industry. Construction accidents are a fairly common occurrence. According to the Bureau of Labor Statistics (BLS), an estimated 150,000 construction accidents are reported each year. These accidents affect construction workers and their loved ones. Worry not; if you’re working in a construction company and encounter an accident while doing your job, you have rights and can file for compensation. And if you’re forced to a tight spot, you have legal pathways that you can take with the help of an experienced construction accident lawyer. Want to know more about the aforementioned subjects? Continue reading below to learn more. What Are Workers’ Rights In Case Of A Construction Workplace Accident?  Construction workers are covered by a set of different legal protections that shield them from harm while they do their jobs in the workplace. For starters, construction companies are required to ensure that they provide a hazard-free working environment for their personnel. Further, they’re required to have insurance to cover any unexpected eventualities like construction accidents. Those are just some of the legal protections construction workers like you are guaranteed. Thus, construction workers have the right to work in a safe workplace environment and file a claim for their injuries and other losses if they have an unforeseen accident while they’re at work. If you’ve been injured on the job, the first thing you should do is seek medical attention. Your health and well-being should always be your top priority. Once you’ve received the necessary medical care, it’s important to report the accident to your employer or to your immediate supervisor. This step is necessary to notify your construction company employer that you’ve had an accident on the job and you wish to file for just compensation. Construction Workers’ Compensation After A Workplace Accident In many cases, workers who are injured on the job are entitled to workers’ compensation benefits. These benefits can help cover the cost of medical treatment, lost wages, and other expenses related to your construction accident injury. To receive these benefits, you’ll need to file a claim with your employer’s workers’ compensation insurance carrier. Filing a construction accident workers' compensation claim is a complicated and tedious process. You’ll need to accomplish tons of paperwork, interview witnesses, gather various pieces of evidence, obtain medical and workplace records, and so much more in filing your claim. In addition, it’ll take a lot of back-and-forth between you, your employer, and the insurer as your claim application is being processed. Say You Diligently Cooperated With Your Employer  Say you’ve prepared and submitted all of your documents on time, diligently cooperated with your employer and their insurance company, and built a strong claim case. If that’s the case, your claim will likely get approved. Yet there’s a chance that you’ll get a reduced amount award compared to your original claim. Nonetheless, it’s important to note that workers’ compensation approval depends on a case-to-case basis. Your construction company’s insurer will process construction accident claims depending on their insurance coverage plan, the prevailing laws in the state where you’re, and so on. Workers’ Legal Recourse After A Construction Accident If your workers’ compensation claim is denied or if you feel that you’re not receiving the full benefits you’re entitled to, it’s a good idea to consult with a construction accident lawyer. An experienced attorney specializing in helping construction accident victims can help you understand your rights and options and can represent you in legal proceedings. Your construction accident lawyer can help you file an appeal with your company’s insurer in case your initial compensation filing is denied or you’ve received a reduced claim award. To add, they can initiate and carry out negotiations with your company and their insurer. If no legal conclusion that’s amicable to all the parties involved is reached, your attorney can proceed with filing a case in a court of law and handle the reins from there on. What To File? In addition to workers’ compensation benefits, you may file a lawsuit in personal injury against the third party who was responsible for your injury too.  For example, if a subcontractor or equipment manufacturer was negligent and their actions contributed to your injury, you may be able to hold them accountable through a personal injury lawsuit. A personal injury lawsuit can help you recover damages for medical expenses, lost wages, pain and suffering, and other losses related to the injuries you’ve contracted in a construction accident. Yet it’s important to note that there are strict time limits for filing a personal injury lawsuit. If you wait too long to take legal action, you may lose your right to seek compensation. Fortunately, a construction accident lawyer can help out with that too. What You Need To Know About Working With A Construction Accident Attorney It’s important to understand that every construction accident case is unique. The specific rights and options available to you will depend on the circumstances of your accident and the laws in your state. That’s why it’s important to consult with a construction accident lawyer who can help you understand your rights and options. When you meet with a lawyer, they’ll review the details of your case and help you determine the best course of action. They may recommend filing a workers’ compensation claim, pursuing a personal injury lawsuit, or taking other legal action. Plus, they’ll help you gather pieces of evidence to support your case and will represent you in any legal proceedings. Navigating Complex Legal System One of the benefits of working with a construction accident lawyer is that they can help you navigate the complex legal system. They’ll handle all the paperwork and legal procedures on your behalf, allowing you to focus on your recovery. Also, they’ll advocate for your rights and best interests, working to ensure that you receive the full compensation you’re entitled to. Besides helping you seek compensation for your injuries, a construction accident lawyer can also help you hold any responsible parties accountable for their actions. This can help prevent similar accidents from happening in the future and can help improve safety standards in your company and the construction industry in the bigger picture. To Conclude If you’ve been injured in a construction accident, it’s important to know that you’re not entirely in a hopeless position. You’re entitled to certain rights and can file a construction accident claim with your company’s insurer. And there are legal options available to help you seek justice and compensation for your injuries. A construction accident lawyer can help you understand your rights and options and represent you in legal proceedings. Don’t hesitate to reach out for help – you deserve justice and compensation for your injuries. Read Also: 7 Common Construction Project Management Problems Crucial Reasons To Choose Prefabricated Construction Methods What to Do if You’re in an Accident with a Placarded Truck in Tampa

questions about personal injury cases

Frequently Asked Questions about Personal Injury Cases

If you are injured in an accident – car accident, workplace accident, assault, or medical malpractice – you likely have many questions. That is perfectly natural and understandable. The best way to get answers is to contact a personal injury lawyer who can help you based on the details of your situation. In the meantime, we offer some answers to the most frequently asked questions about personal injury cases. We hope you will gain some insight to help you begin the process of filing a personal injury claim and getting the compensation that you deserve. Frequently Asked Questions about Personal Injury Cases Q: What is a personal injury? A personal injury occurs when someone’s negligent or reckless behavior causes harm to someone else. Some examples of personal injury cases include: Car accidents Medical malpractice Slip and fall accidents Product liability Workplace injuries Birth injuries Wrongful death You need to understand that if you are fighting a personal injury case of a specific nature, it is always best that you get experts that have experience in that field. In other words, you should look to work with and hire specialists rather than generalists. To understand this better click on more info. Q: How do I know if I have a case? The only way to find out if you have an actionable personal injury case is to speak with an attorney. A personal injury attorney will evaluate the details of your situation and let you know if you have a case, and if so, how to proceed. Q: How much is my case worth? The “value” of your claim, or how much your case is worth, depends on a variety of factors. These factors include: The circumstances surrounding the accident The severity of your injuries Limits on insurance coverage Medical expenses Estimated future medical expenses Lost wages or earning capacity Pain and suffering Loss of consortium Once these factors are taken into consideration, you can obtain an estimate of your case’s value. Remember that an estimate is not a guarantee. Q: What types of compensation can I get through a personal injury claim? Plaintiffs (the person filing a personal injury claim) may be able to obtain several different types of compensation, depending on their case. Most often, personal injury claims seek compensation for: Current medical bills Anticipated future medical bills Loss of income Pain and suffering Mental anguish Loss of consortium Punitive damages These are somewhat broad examples of the types of damages that you may be able to pursue in a personal injury claim. The types of damages relative to your case will depend on the facts of your case. Q: Do I need an attorney to file a personal injury claim? Legally speaking, you do not have to hire an attorney to help you file a lawsuit. However, it is highly recommended. A personal injury attorney can benefit your case in a lot of ways. For example, these attorneys know how the system works and what all needs to happen in order for you to obtain a settlement or verdict. Also, if legal snags hold up your case in the court system, an attorney can help sort things out and get your case moving again. Another benefit of working with an attorney is that attorneys are skilled negotiators. If the other party (defendant) offers you a settlement that is low or unreasonable, an attorney can negotiate on your behalf to ensure that you get maximum compensation. Read Also: Can an Employee Claim for a Personal Injury When Working From Home? Hagen Rosskopf Explain What to Look for in a Personal Injury Attorney How to Find a Personal Injury Attorney On Any Budget Reasons for hiring any Personal Injury Attorney is Important

adoption attorney

Don’t Battle It All Alone: 5 Reasons Why You Need an Adoption Attorney

There are many reasons why you might be considering adoption attorney, and it’s becoming more and more of a popular choice in countries all over the world with thousands of families of going through the process. However, just because lots of people are doing it, that doesn’t mean the journey is plain sailing. With lots of paperwork, legal requirements, checks and long periods of waiting, the process can be very off-putting to a lot of families. Nevertheless, many of these hassles can be countered by investing in the support of an adoption lawyer. With this in mind and to help you make the decision that’s right for you, today we’re going explore five key reasons why an adoption lawyer might be one of the best ideas for you.  #1 - Support with Paperwork When you’re making your way through the adoption process, there’s a lot of paperwork and checks you’re going to need to go through to ensure everything that takes place is legal. For first-time adopters, there may be a lot of parts that are confusing, which is where an adoption lawyer can help to make sure you’re doing everything correctly.  #2 - Assistance with Decisions There’s no denying that adoption is a wonderful thing, but not many people know about the legal requirements and procedures behind it, as well as the important decisions that need to be made. With an adoption lawyer by your side, you can have all the details explained, so you know you’re making the right decisions.  #3 - Speed Up the Process While adoption is renowned for being a lengthy process, having a professional and somewhat savvy lawyer on your side may be able to help you speed things up. Of course, this depends on your individual circumstances, but without the help of a professional, you’re never going to know.  #4 - Addressing Potential Problems As with any kind of legal proceeding, there are always going to be grey areas where problems can arise, and certain complications may appear out nowhere. This could relate to small or big things, such as same-sex marriage, military couples and many more, and will depend on your individual circumstances. Fortunately, one of the main benefits of having an adoption lawyer is they can help you through this process and iron out any issues, so you move through them quickly and easily.  #5 - Help with Court Appearances Understandable, even the mention of court appearances can be enough to make you worry and think dubiously about going through the adoption process, and it’s not surprising that many people may feel intimidated throughout this part of the adoption procedure. Nevertheless, having a professional adoption lawyer by your side who’s been through the process many times before can help to settle your worries and help you focus on doing everything properly and getting the result you want.  Summary As you can see, there are plenty of benefits to enlisting the help of a professional, qualified adoption lawyer who’ll be able to help you out in many areas of the adoption process. If adoption is a path you’re interested in taking, it goes without saying that it’s highly recommended to get help to make it as easy as possible.