Commonwealth law is very pro-worker in that it requires most employers to retain a Workers’ Compensation insurance policy. This applies regardless of the type of work that you will be performing. However, these policies notably only cover employees; employers have no obligation to provide Workers’ Compensation insurance policies to independent contractors.
Understanding your legal rights as an independent contractor in Philadelphia is critical when you suffer a workplace injury or illness. At Gross & Kenny, LLP, our lawyers help people in South Philly and Bustleton to explore their legal options after an injury and provide clarification about independent contractors and Workers’ Compensation in Philadelphia. Call today to learn more.
Commonwealth law requires employers to provide Workers’ Compensation insurance plans to their employees at the cost of the employer. However, many workplaces will attempt to avoid this outlay by classifying workers as independent contractors. This means that they do not need to supply coverage.
Importantly, an employer’s labeling of an employee as an independent contractor is not definitive proof of this status. Instead, commonwealth law provides a definition of when a worker is an independent contractor and not an employee.
In short, an independent contractor must have significant control over their day-to-day work. Factors that may indicate this control include:
Our diligent Workers’ Compensation attorneys could help people in Bustleton, South Philly, and Philadelphia evaluate their status as independent contractors or employees.
Being an independent contractor means that you cannot make a claim under a Workers’ Compensation insurance policy. However, this does not mean that an employer is never liable for an injury or illness.
Independent contractors can hold their employers directly liable for the losses resulting from these incidents. This contrasts with employees who must pursue cases under Workers’ Compensation claims.
These personal injury lawsuits are appropriate when an illness or injury results from an employer’s negligence. For example, they may not properly maintain equipment or provide effective training to employees. Our Philadelphia Workers’ Compensation lawyers are here to help independent contractors in Bustleton and South Philly determine if an employer’s negligence was the cause of a workplace incident. If so, seasoned legal counsel could take the lead in pursuing personal injury cases that demand compensation for medical bills, lost wages, and emotional traumas.
Working as an independent contractor in South Philly or Bustleton comes with risks. Among these is the fact that employers do not need to supply independent contractors with Workers’ Compensation insurance. This means that if you suffer an illness or injury while on the job, you may be liable to pay for your own medical care and absorb all lost wages.
In this situation, you may have legal recourse. Employers who are negligent in allowing an injury to affect an independent contractor must pay for all resulting damage. This includes lost wages, medical bills, and reductions in your quality of life.
At Gross & Kenny, LLP, we help people in Philadelphia evaluate their rights under Workers’ Compensation laws. This includes evaluating whether an employer’s classification of you as an independent contractor is correct. If it is, we can work to determine if a personal injury lawsuit is appropriate. If not, we can push for the benefits you deserve under a Workers’ Compensation plan. Contact us now to discuss independent contractors and Workers’ Compensation in Philadelphia with an aggressive legal advocate.
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Personal Injury Attorney Philadelphia | Gross & Kenny, LLP