Employees can rely on workers’ compensation benefits to cover workplace injuries, yet it does not apply to everyone. Independent contract workers, by default, do not have the primary benefits of experiencing workplace accidents. While facing an injury or illness, as an independent contractor, you might be expecting some help from the person who has hired you. Such help might not be on your side, as the company does not technically employ you.
This is where the need to hire services from a reputed Injured Workers Law Firm comes in. They shall explore the recovery options and help find possible claims by sticking to your side. Negotiating with employers as an independent worker can be even more complicated than in the case of employees because there are no set rules. Having a good lawyer by your side is essential to ensure that you do not get cheated of your rights and are compensated fairly.
Insurance and Liability Differences Between Contracted Workers And Direct Employees
The distinction between contractors and employees is crucial when it comes to liability for workplace injuries or accidents.
Employers are responsible for any damages or injuries caused by their recruited employees while performing work-related tasks. Employers are entitled to workers’ compensation insurance that provides valid coverage for their employee injuries.
On the other hand, independent contractors known to be self-employed are responsible for their liability insurance. If an independent contractor causes an accident, they remain liable unless the accident does not fall under the safety regulations the hiring company follows. This denotes the importance of independent contractors having adequate insurance to cover and protect themselves and to avoid facing potential financial losses due to workplace injury or illness.
Things Independent Contractors Must Follow To Handle Workplace Accidents Rightly
Independent contractors have fewer legal protections than employees. However, they can still exercise certain rights while negotiating contract terms, setting their working hours, and choosing the projects under which to work.
The autonomy of being self-employed is undoubtedly a double-edged sword for independent contractors. Although they have the freedom to structure their workflow according to their needs, when it comes to managing taxes, facing work-based illness or injury becomes a major drawback.
Independent contract workers must negotiate and review contracts before signing them. They must also discuss their rights and protections based on the workflow in case of a work-related injury. They can even find legal help to ensure the proper steps are followed and never left unattended in a workplace accident.
Who Remains Liable For An Independent Contractor’s Injury?
Understanding the responsibility for an independent contractor’s work-related illness or injury highly involves examining factors like the nature of the work and terms included in the signed contract. The upcoming parties can be held liable for an injury that happened to an independent contractor:
The Hiring Company
The hiring company is liable if it fails to provide a safe and secure working environment or violates safety regulations. Suppose the company follows a certain degree or has control over the work performed and the environment in which it is conducted. In that case, it is held responsible for maintaining poor safety standards.
Third-Party Liability
Independent contractors can file a potential claim against third parties if their negligence has led to an injury. Contractors injured by using a defective piece of equipment supplied by the client can hold the equipment manufacturer, as the third party, liable for the damages.
Conclusion
By rightly understanding the legal implications surrounding the classification of independent contractors and employees, legal disputes can be wisely handled. Independent contractors must remain informed regarding the changing legal landscape and seek legal counsel whenever workplace accidents happen.
References:
- https://www.casebarnettlaw.com/blog/who-is-liable-when-independent-contractors-get-hurt-on-the-job-.cfm
- https://www.dhweberman.com/post/employee-vs-independent-contractor-legal-implications-explained#:~:text=Liability%20and%20Insurance%20Differences,and%20mutually%20beneficial%20working%20relationship
- https://www.greylaw.com/who-is-liable-if-an-independent-contractor-gets-hurt-on-the-jobhttps://www.dhweberman.com/post/employee-vs-independent-contractor-legal-implications-explained