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Are Independent Contractors Eligible for Workers' Comp?

Workers’ compensation is the insurance system by which employees can obtain benefits when hurt on the job. Independent contractors on the other hand are generally ineligible for workers’ compensation, unless they can demonstrate that the circumstances of their work are such that they should be considered as an employee and able to obtain these benefits. This usually can be the case if they were misclassified upon hiring.

This begs the question—how is a worker considered to be an employee?

A person is not a contractor solely because an employer considers them such. If workers participate in the actions of employees such as wearing uniforms, and are under the direct control of the bosses or managers, or are affiliated with the company in other close ways, a court may find them to be de facto employee.

No single test exists to determine if a worker should be considered an employee, but several factors are used to determine this.

Such factors include:

  • The amount of the workers’ investment in equipment or materials
  • The degree of independent operation
  • The permanency of the relationship
  • The extent to which the services are an integral part of a business

Irrespective of official job title, if your job duties do not fulfill the requirements of an independent contractor, you could be considered an employee and eligible for workers’ compensation if you become hurt on the job.

If you are hurt on the job, turn to the Fort Lauderdale workers’ compensation attorneys at Rosenberg & Rosenberg, P.A. for help.