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.

Read Also:

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Court

Why You Should Never Try to Defend Yourself in Court

After an arrest, some defendants may consider trying to represent themselves in court to save money. However, this is not going to work out well and could mean they not only end up convicted but receive the maximum penalties as well. It's not a good idea for any defendant to try to handle the court case on their own, Here are the reasons why you should never try to defend yourself in court: It's Too Easy to Make Incriminating Statements Defendants tend to hope they can talk their way out of an arrest; or convince a judge to drop the charges. However, while doing this, many will inadvertently say something that proves to the arresting officers or the judge that they're guilty. A lawyer, on the other hand, knows what to say to avoid incriminating statements. Ready to learn more about how a lawyer can help? You can find more at hopelefeber.com  now. There's Tons of Paperwork and Deadlines Court cases involve a ton of paperwork, all of which need to be filled out properly. And many different deadlines that must be followed. Even missing one part of a file or missing a deadline by a day can have devastating consequences, and it can be very difficult to keep up with everything. Lawyers have experience with this, however, and will make sure everything is filled out completely and no deadlines are missed. It's Hard to be Objective Defendants will find they have a hard time being objective about the case; which means they can't really look at it from the prosecutor's point of view or see it how a jury might see it. They're simply too close to the case; which means they can miss important information that could make a difference in how their case is handled. Rules of Evidence are Incredible Complex The rules of evidence must be followed, but aren't always. In some cases, this could mean the defendant can have evidence dismissed, which will help their case because there will be less evidence against them. However, the defendant won't necessarily understand the rules of evidence because they are incredibly complex. This could mean they miss out on a good way to fight the charges. Court Procedures Need to be Followed A failure to follow court procedures can have a devastating impact on a case. The defendant may understand the steps in the criminal process, but they won't know all of the procedures that have to be followed during each step. Missing something could mean they end up convicted of the crime and could impact their sentencing negatively. When it comes to criminal charges, trying to defend against them without help from a lawyer is never a good idea. There are too many potential mistakes that can be made that will leave the defendant with a worse outcome than they expected. Instead, it's always a good idea to work with an experienced lawyer. And to ensure the right help is obtained as early on in the legal process as possible. Read Also: Why Are Court Reporters Necessary? Dating versus Courtship: Which is right for you How to Choose the Best Murfreesboro Criminal Defense Attorney

READ MOREDetails
Social Security Disability in Deland

Learn More About Social Security Disability in Deland

There are medical conditions that the Social Security Administration lists explicitly, and they can include both mental and physical conditions. The listing manual where all the disabilities can be found is called the Blue Book, and it has various tests, limitations, and symptoms that applicants should have to meet to get the benefits. Read more about the benefits on this page here. If an individual meets the criteria on the Blue Book, they will automatically become qualified for the SSI or social security income or SSDI or social security disability insurance benefits. When the applicants meet the criteria on the list, they need to show the limitations that prevented them from adjusting to their new work or doing their previous job through documentation and medical reports. Medical Impairment Present in the Listing Joint injuries, back pain, and other musculoskeletal issues Cardiovascular conditions such as coronary artery diseases or heart failures Speech and sense issues like loss of vision or hearing Respiratory problems involving asthma, cystic fibrosis, and chronic obstructive pulmonary disease Parkinson’s disease, multiple sclerosis, epilepsy, cerebral palsy, and other neurological disorders Anxiety, intellectual disorders, autism, depression, and other mental disorders HIV, AIDS, rheumatoid arthritis, lupus, and other immune system issues Skin disorders like burns, dermatitis, or soft tissue injuries Problems with the digestive tract like inflammatory bowel diseases or liver diseases Genitourinary problems or kidney diseases Cancer Blood disorders like bone marrow failure or sickle cell anemia If you have a disability listed in the SSA’s list of impairments, the first thing you need to do is get a physician who can confirm and diagnose your medical condition. However, you will not automatically get approval after the diagnosis. You need to apply first, and this is where a Deland SSD lawyer can be helpful. They will help you know all the benefits you are entitled to, submit completed forms on your behalf and make appeals when the application gets rejected. There are a few conditions that automatically get approved, such as: You have Lou Gehrig’s disease or ALS Conditions that need kidney, liver, or another organ transplant Severe cancer like mucosal melanoma, esophageal cancer, small-cell carcinoma, anaplastic carcinoma of the thyroid gland (cancer of the ovaries, prostate, lungs, bladder, intestines, pleura, or breast. For any other conditions, the Social Security Administration will look for medical records and diagnoses to determine if you meet a specific criterion for an impairment. They will look for test results or x-ray results and blood tests for more information. The criteria may involve limitations on your cognitive or physical abilities. Some of the listing requirements may be complicated. There are illness-specific articles that can simplify the listings so patients can understand whether they can qualify for disability benefits. If you have not done any lab tests that are required on a specified listing, you can always ask a certified physician to perform them for you. There is also an option to wait for the SSA to pay for the consultative exam on your behalf but know that this will take longer. It is always a better option if all the required medical records are already attached to your application forms before applying. This way, you can check the results if you meet the listing requirements. Does Your Medical Condition Need to Match a Listing? Applicants who are filing for the SSD benefits will not need to be precise with the requirements to get approval. They do not need to have the same illness or condition before they can get the benefits. Instead, it is the SSA that considers all the aspects regarding your current condition and determines if it’s medically equivalent to the disability listing. According to the recent statistics, only 6% equaled a listing, and 37% “met” a listing. On the other hand, you can be eligible for disability benefits if your condition is not “equal” to the medical listing’s criteria. Suppose your condition can limit your entire functioning so much that you will not be able to work. In that case, there is the SSA’s consideration of the effect of your condition and how it is going to affect your work routine and daily activities. The personnel will then determine if there is something that you can do safely based on your current condition. This is termed as a “qualifying” vocational for disability benefits. An applicant does not necessarily have to experience a listed impairment before they can get awarded the benefits. As an example, some headaches or migraines are not necessarily included in the “Blue Book.” Learn more about claiming disabilities due to headaches here: https://www.medicalnewstoday.com/articles/migraine-disability. However, if these headaches are well-documented and are severe enough, this will enable the applicants to get disability benefits because their condition makes it impossible to work at a full-time job. One of the key essentials for those who have a condition that is not in the listing includes meeting the following conditions: Have a “medically determinable impairment.” The condition should reduce the residual functional capacity of the individual. This should be more than enough that they cannot get things done or do any jobs at all. Social Security will determine your residual functional capacity by looking at the amount that you can carry or lift and how long you can stand or walk. The agency will then assign you to an exertional level of sedentary, light, medium, or heavy. If your exertional level does not allow you to do work that you’re well-suited for, you will have a chance of qualifying for the vocational benefits in Deland. Other common impairments that are not necessarily listed in Social Security’s blue book may include: Carpal tunnel syndrome Fibromyalgia Degenerative disc disease Reflex sympathetic dystrophy Celiac disease Chronic regional pain syndrome If you have any of the above conditions, there is a chance that you may get approved into the SSI and SSDI qualifying disabilities. Some may have higher chances of getting approval than others. The conditions that stand a chance of getting approved include some types of cancers and multiple sclerosis. Others who have joint diseases or respiratory disorders may find themselves a priority on the list. You can consult an expert in Deland to know more about these. Read Also: How To Replace Your Social Security Card Online

READ MOREDetails
Common Car Accident Types Where A Lawyer Is Essential

From Collision To Compensation: Common Car Accident Types Where A Lawyer Is Essential

Car accidents are an unfortunate reality of modern transportation, with data revealing startling statistics that highlight the prevalence of these incidents on our roads. In the United States, for instance, there are millions of car accidents each year, leading to a high number of injuries and fatalities. These numbers emphasize the importance of safety measures and preparedness should one find themselves involved in an auto accident. Amid the chaos following an accident, victims often face not only physical and emotional trauma but also complex legal and financial challenges. This is where the expertise of a car accident lawyer becomes indispensable. Securing fair compensation after an accident is not merely about filing insurance claims; it's about grasping the complexities of liability, negotiating with insurance companies, and, if necessary, pursuing legal action to ensure justice is served. A seasoned lawyer can steer through the maze of legal procedures to protect your rights effectively. As we proceed, we'll explore the five common types of car accidents where the counsel and advocacy of a knowledgeable lawyer are not just an advantage but a necessity for those seeking rightful recompense. Through their intervention, victims can hope to recover losses and focus on healing without the added burden of legal battles. #1 Rear-End Collisions: The Complexity Behind A Common Incident Despite their frequency on the road, rear-end collisions are anything but straightforward. They typically occur when the front end of one vehicle crashes into the back of another. This can happen for a variety of reasons ranging from sudden stops, and distracted driving to tailgating, or even slippery road conditions. The resulting injuries can range from minor whiplash to long-term spinal damage, depending on the severity of the impact. Establishing fault in these accidents often involves understanding the subtleties of traffic laws and driver duty of care, with most presumptions placing the blame on the trailing driver for not maintaining a proper distance or not paying attention. However, every case has unique factors that can complicate this assumption, such as if the lead driver performed an unpredictable maneuver or if there were malfunctions with one of the vehicles' brake lights. When seeking compensation, legal acumen becomes vital to managing the process of determining fault, especially when insurance companies are involved and injuries are serious enough to warrant a substantial claim. #2 T-Bone Accidents at Intersections: Sorting Through Liability T-bone accidents, often occurring at intersections, are severe collisions where the front of one vehicle crashes directly into the side of another, resembling the shape of a “T”. These crashes can lead to significant injuries and vehicle damage, making them among the most dangerous types of road incidents. Determining who is at fault in a T-bone accident can be complex, as it typically involves a scenario where one driver has failed to yield the right of way, possibly due to running a red light or stop sign or being distracted. Proving liability requires a close investigation and a clear understanding of traffic laws. In such cases, a lawyer becomes a key ally, possessing the expertise to sort out these challenges. They play a vital role in collecting evidence such as traffic camera footage, witness statements, and vehicle damage reports. What’s more, they bring experience in negotiating with insurance companies to ensure victims receive fair compensation for their losses. #3 Multi-Vehicle Pile-Ups: Untangling The Web Of Responsibility When several vehicles are involved in an accident, the result is not just physical wreckage but also a puzzle of accountability. Multi-vehicle pile-ups embody chaos on the roads, with each collision triggering another until a snarl of metal and motion brings travelers to a devastating halt. These massive accidents can make it incredibly challenging to discern the actions leading up to the commotion and to pinpoint the responsibilities of each driver involved. With numerous parties, each with their own perspective and different auto insurance policies, the situation often becomes remarkably complex. Given the multitude of potentially liable parties and the interrelated sequence of events that led to the accident, it is nearly impossible for an individual to manage the aftermath alone. This is why securing a legal expert is not just advisable but necessary. A skilled attorney can dissect the detailed aspects of the multi-car pile-up, coordinating effectively with several insurance companies to ensure that the burden of responsibility is assigned accurately and that justice is served in the knotted aftermath of such harrowing events. Read Also: Car Accidents in California- What Does the Law Say? #4 Hit-And-Run Incidents: Tracking Down The Culprit Hit-and-run accidents add a profound layer of complexity and distress to already traumatic situations. When a driver flees the scene of an accident, they leave behind not only physical damage and potential injuries but also a web of unanswered questions. To disentangle this web, a detailed investigative process springs into action. Authorities begin by gathering all available clues from the scene - think skid marks, vehicle parts, and eyewitness accounts. Law enforcement may also call upon surveillance footage or traffic camera data to piece together the fleeting moments before and after the incident. Amidst the investigation, those affected by hit-and-runs can find solace in legal support. An experienced lawyer becomes invaluable in such cases, providing guidance and advocacy. These professionals are adept at understanding the subtleties of the law and can be key in securing due compensation. They work tirelessly to uncover the identity of the hit-and-run driver and utilize uninsured motorist policies to ensure that victims receive coverage for their losses. The path to justice can be winding and uncertain, but with a combination of thorough investigation and skilled legal representation, the chances of holding the culprit accountable increase greatly. #5 Drunk Driving Crashes: Advocating For Justice And Compensation The traumatic impact of collisions caused by inebriated drivers cannot be understated. These accidents come with severe repercussions, not just physically and emotionally, but also in terms of the legal consequences that accompany them. Drunk driving, universally condemned and vigorously prosecuted, often results in punitive damages—a kind of legal retribution that goes beyond compensatory measures, aiming to punish the offender and deter future misconduct. Nevertheless, deconstructing the legal challenges surrounding such sensitive cases calls for a strategic approach that an experienced attorney can provide. Skilled lawyers play an important role in ensuring that justice is served by effectively advocating on behalf of victims and their families. They tirelessly work to secure fair compensation, addressing the profound losses incurred while maneuvering through the legal framework. In these trying times, an attorney doesn't just serve as legal representation, but also as a steadfast pillar of support in the pursuit of justice and rightful compensation for those affected by the negligent acts of others. In the aftermath of a car accident, the importance of having legal expertise cannot be overemphasized. Dealing with the complications that arise can be overwhelming, particularly when it comes to managing insurance claims, potential litigation, and securing fair compensation for injuries and damages. Individuals need to consider the extensive benefits that consulting a car accident lawyer can bring to their case. These professionals offer more than just legal advice; they provide a shield against the tactics of insurance companies and the legal mazes that can baffle anyone without a law degree. A car accident lawyer works to ensure that your best interests are represented, aiming for optimal outcomes that might not be achievable without their specialized knowledge and experience. Additional: Steps To Follow After A Car Accident Steps to Filing a Car Accident Claim in Waukegan Philadelphia Residents: How A Car Accident Lawyer Can Help You?

READ MOREDetails