Professionals in a variety of different industries may work as contractors. They take work on a project basis instead of working consistently for one company that becomes their employer.
Those working as independent contractors could end up injured while completing a project. They may need to take time off to heal from their injuries. In some cases, they may require expensive medical care or may have permanent symptoms that affect their future earning potential. Employees can request workers’ compensation, but independent contractors generally don’t have the same protection as direct-hire workers.
Some independent contractors who truly run their own businesses may self-insure to protect against this scenario. Many others never consider it, as they consistently work for the same company. How can professionals without a direct-hire employer protect themselves after a work-related injury?
Alleging misclassification
Some businesses violate state regulations and tax laws by intentionally misclassifying employees as independent contractors. They do this to avoid obligations such as minimum wage rules, workers’ compensation insurance requirements and unemployment regulations.
If an injured contractor can convince regulatory authorities that the company that hired them misclassified them and that they are actually a direct-hire employer, they could be eligible for workers’ compensation benefits. Misclassified professionals can potentially receive the same medical coverage and disability benefits as direct-hire employees.
Exploring third-party liability
Some work incidents are truly accidents, but many are preventable. Another professional may have dropped a tool that struck a nearby worker and caused injuries. A piece of equipment may have failed because of defective design or inappropriate maintenance.
Individuals and businesses could be directly liable for an injured employee’s work incident. Provided that the injured professional can show that negligence or misconduct on the part of another party led to their injury, they may be able to pursue a personal injury lawsuit. Contractors may even be able to request financial compensation for damages that workers’ compensation traditionally does not cover, such as property damage losses.
Contractors dealing with injuries and concerned about their future may need help evaluating their options, and that’s okay. The process of pursuing workers’ compensation benefits can be challenging but could provide financial relief for those hurt while completing a client project.