Independent Contractors and Workers’ Compensation in Los Angeles

If a worker sustains injuries on the job, they may qualify for workers’ compensation benefits only if they are an employee. Even if their employers label them as independent contractors, it may be possible to prove that misclassification took place, potentially making injury victims eligible for compensation.

Understanding more about independent contractors and workers’ compensation in Los Angeles could help you find out whether you qualify for a workers’ comp claim. Our knowledgeable attorneys could help you understand these distinctions.

What Is an Independent Contractor vs. an Employee?

Under California law, independent contractors are individuals who have more control over their scope of employment than employees who work under an employer.

Many professionals can qualify as independent contractors if they provide services to the public, including doctors, auctioneers, lawyers, veterinarians, and accountants, among other contractors and subcontractors.

Unlike employees, independent contractors do not qualify for workers’ compensation benefits in Los Angeles. The Internal Revenue Service (IRS) notes that any person rendering service for another, other than as an independent contractor, or unless expressly excluded, is presumed to be an employee.

When Does Employer Misclassification Occur?

While independent contractors in Los Angeles are unable to recover compensation, some employees may intentionally mislabel employees as contractors in employment documentation for various reasons.

For example, an employer could misclassify an employee to avoid having to pay for workers’ compensation insurance or payroll taxes. However, doing so does not necessarily mean that the employee is automatically a contractor.

The only true determinant of whether a worker is an employee or contractor is the federal definition. If an employee suspects that their employer has misclassified them and they are able to recover workers’ compensation, it may be possible for the individual to file a claim against the employer.

Throughout these cases, the court will consider the overall scope of employment and the worker’s relationship with the employer to confirm whether the person is an employee, which means any contracts or other paperwork labeling the employee as an independent contractor is potentially irrelevant.

What an Attorney Could Do to Help Prepare a Workers’ Comp Claim

A good attorney could review the details of a case to determine whether a worker is either an independent contractor or an employee. For instance, our lawyers might be able to evaluate the scope of employment and job description, along with tasks performed, to classify the worker in accordance with the Labor Code definition of an employee.

In addition, if they conclude that the worker is an employee, they may be able to help organize evidence to prove the nature of injuries and related economic damages, including lost income and medical expenses.

If negligence was behind the accident, an attorney with experience handling personal injury cases could also file a third-party personal injury claim or lawsuit against the liable party to collect additional compensation, such as non-economic damages like pain and suffering.

Connect With a Los Angeles Attorney to Discuss Independent Contractors and Workers’ Compensation

Do you suspect that your employer has misclassified you as an independent contractor to close you off from workers’ comp benefits? Our highly experienced lawyers could give you a better understanding of your options when it comes to independent contractors and workers’ compensation in Los Angeles.

Contact our law firm today to discuss your options regarding seeking compensation from an employer, potentially proving employer misclassification in the process.