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Independent Contractor Employee Misclassification and Workers' Compensation

Employers doing business in Pennsylvania just understand what criteria differentiate employees from independent contractors. Some employers apparently designate workers as independent contractors in order to avoid issues such as payroll tax withholding and to avoid extending benefits such as health insurance, paid vacation time and sick leave to those workers. Employers also avoid paying unemployment insurance and workers' compensation insurance for workers who are called independent contractors.

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The Pennsylvania Unemployment Compensation, or UC, law specifies that an independent contractor should:

  1. Be and continue to be free from control or direction over the performance of the services involved, both under his or her contract of service and in fact,
  2. Be customarily engaged in an independently established trade, occupation, profession or business

A worker who does not meet these criteria is, in fact, likely an employee even if the employer has engaged in employee misclassification practices by calling that worker an independent contractor.

The definition of an independent contractor is clarified in greater detail by the Pennsylvania Department of Labor and Industry. Determine whether you were an employee or an independent contractor. The answer may determine how you can collect compensation for your on-the-job injuries.

Take advantage of an attorney's offer of a free initial consultation to explore the question of whether your work as a so-called independent contractor actually made you an employee of the hiring entity.

Were You an Employee or an Independent Contractor?

Employee misclassification becomes an issue after a workplace injury when an employer denies a workers' compensation claim on the basis of the alleged independent contractor status of a worker. If you were seriously injured on the job, answering the question of whether you were an employee or an independent contractor is critical to your financial future. Do not solely rely on a written agreement between the employer and yourself to determine your employment status.

Contact Us for a Free Consultation

We want to hear about your case and provide you with the information you need to make the decisions that are right for you. Email us or call us at 866-443-1505 to talk to a Philadelphia workers' compensation lawyer at Krasno, Krasno & Onwudinjo.

No Fee Unless We Get Compensation for You

All workers' compensation cases are handled on a contingency basis. We do not get paid unless we get your benefits started, we prevent the insurance company from stopping or altering your benefits, or you choose to settle your case.

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