Employee or independent? It’s a workers’ comp issue

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From WorkersCompensation.com, Fielding Buck discusses the challenges small businesses face in determining who is an employee or independent contractor for workers compensation issues.  Fielding writes:

A lot of business owners aren’t sure what their obligations are to their workers, she said.

“I find a lot of problems where employers come in, and I believe them when they say, ‘My attorney or my insurance person or my next door neighbor or my tio, they told me I can do this and have this person be an independent contractor and, no, I don’t have workers’ comp insurance.’ And a person has gotten hurt.

“It never fails it’s some catastrophic injury.”

Employers are required to carry workers’ compensation insurance to pay for treatment for employees who sustain physical or psychological injuries on the job.

According to Padilla’s presentation, a hirer is working with an independent contractor when the hirer:

• Lacks control over detail.

• Has no right to terminate the relationship.

• Makes payments by contract price.

• Does not furnish tools or materials.

• Does not have control over working hours.

Calling employees independent contractors can have consequences, said Yvonne E. Lang, a partner with Pearlman, Borska & Wax.

Read the full story at  Employee or independent? It’s a workers’ comp issue – Press Enterprise

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