Attorneys Robert, David and James Cody

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How does workers’ compensation affect independent contractors?

On Behalf of | Aug 29, 2020 | Work Injuries |

Permanent workers and independent contractors have different guidelines and receive different benefits, including workers’ compensation. 

Determining if you meet employee status can help you if you sustain injury in a work-related accident. 

Legal guidelines

In Minnesota, every independent contractor must register with the state to prove your employee classification is correct. While an employee is subject to the control of an employer, an independent contractor can perform his or her job as a legal agent. The degree of control of the person hiring you influences whether or not you can receive benefits such as workers’ compensation. 

Determination of type 

Meeting five standards in the state of Minnesota shows you are legally an employee. These standards include the employer’s right to fire you, what tools your employer gives you to perform your job, how you receive payment, the right to control where the work takes place and how much control the employer has over the means and manner or performance. 

The most influential of these in determining employee status is the amount of control you have over your job. 

Control factors

A continuing relationship and restrictions on gainfully pursuing other employment shows your relationship with your employer is substantial. In addition, being able to set your own schedule indicates you are an independent contractor. 

If the person who hired you requires you to take training courses, as well as needing you to follow detailed specifications while working, you may not have the freedom that independent contractors usually do. If you meet the five guidelines for employee status, you may be eligible for workers’ compensation.