When an employer hires employees for construction work, an important decision needs to be made; whether the hired individual will be an employee or an independent contractor.
The best way to determine what you should do is to meet with an experienced attorney who can review your business and give you the best legal advice as to how you should classify your employees according to the standards of the law.
One area that is directly involved with this classification is workers’ compensation, and it’s of prime importance that you determine whether or not you are responsible to provide workers’ compensation or additional insurance coverage for your employees.
There are many people who are working as independent contractors, who should be classified as employees. When this happens, they are not eligible to receive workers’ compensation, even if they become injured on the job.
If you claim that an employee is an independent contractor, yet an attorney can prove that the relationship is in fact an employer/employee relationship, you may be held liable for the injury.
Likewise, if you are an independent contractor and have been injured on your job, yet believe that you are actually an employee; you should seek the advice and counsel of an experienced workers’ compensation attorney. He or she will assess your case. If, in fact, it can be proved you are actually an employee, your attorney will begin the process of recovering the benefits that you rightfully deserve.
Since the implications properly classifying the people who work for you are so great, it is absolutely crucial that you meet with an attorney to ensure that your company is operating according to the legal standards.