The law protects employees from major financial losses after on-the-job injuries. Employers generally need to carry workers’ compensation coverage that can replace lost wages with disability benefits and provide medical coverage for workers. They receive indemnification for worker medical expenses in return, which means they can typically avoid lawsuits brought due to lost wages and medical costs.
Occasionally, people get hurt on the job, only to realize that they might not be eligible for workers’ compensation benefits. Those who filled out 1099 documents instead of W-2s when starting a job may not have the same protections as employees. As such, professionals who get hurt while working may need to prove that their employers have misclassified them to pursue workers’ compensation benefits.
What worker misclassification entails
Businesses can hire people indefinitely as employees or temporarily for projects if they work as independent contractors. Sometimes, employers have workers fill out paperwork as though they are independent contractors but then treat them like employees.
That is unlawful worker misclassification. The company avoids obligations to misclassified employees, including the need to pay overtime wages and the duty to comply with workers’ compensation requirements.
If professionals can prove that they are actually employees after a work injury, they may be eligible for workers’ compensation benefits. The process of proving misclassification can be relatively complex, and many workers need legal support to show that they are truly employees, not actually contractors.
Reporting a work incident and talking with an attorney can help injured professionals understand and make use of their rights. Workers who fight misclassification can pursue the workers’ compensation benefits that they need and deserve after getting hurt on the job.