Independent Contractor Injury

Is an Independent Contractor Covered by Workers' Comp?

By Craig H. Love, Lawyer at Metzger Wickersham

Over the past decade a growing number of workers have quit full-time jobs as employees and have become self-employed as independent contractors.

Did you ever wonder what an independent contractor is? A new term for this is called the gig-economy and refers to a self-employed individual who works under contract to provide services to a paying company.

Independent contractors come in many shapes and sizes. While some contractors charge by the hour for their work, others charge per job or project. We see these workers as dog walkers, rideshare drivers, and an increasing number of techies flocking to the information technology field.

As the gig-economy rises and remote work becomes more mainstream, the number of independent contracts is steadily rising. According to Forbes, almost one-third of workers have worked for themselves, while 14% primarily work as an independent contractor.

Unfortunately, if you work as an independent contractor for another company, you won’t be covered under their workers’ compensation insurance policy. Therefore, if you’re injured on the job, you won’t receive workers’ compensation benefits like their employees do. In other words, if you are injured on the job, you wouldn’t get any payments for medical bills, lost wages, or rehabilitation services.

Employee vs. Independent Contractor: Differences You Need to Know

While an "independent contractor" is different from a standard employee, the exact definition of your role is not set in stone and it does not mean they do not qualify as an employee.

Generally, a company that contracts with an independent contractor tells the contractor what the scope of work is, but doesn’t have substantial control over how the contractor achieves the desired result. The contractor may use their own materials and have expenses that aren’t reimbursed.

The IRS has a “right-to-control” test that is used to determine whether an individual is an employee or an independent contractor. The IRS says that the facts that provide evidence of the degree of control and independence fall into three basic categories:

  1. Behavioral: Does the employer have the right to control how the worker does the work for which they were hired? If no, than they are characterized as an independent contractor.
  1. Financial: An independent contractor is likely to have:
    • unreimbursed business expenses,
    • an investment in the tools and equipment they use and supply to complete the job,
    • can offer their services and skills required for the job to others,
    • usually paid a flat fee whether by the time or by the job and taxes aren’t withheld.
  1. Type of relationship: An independent contractor is:
    • likely to have terms of an agreement between the parties within a written contract
    • not likely to have employee-type benefits such as paid vacation or health insurance coverage
    • not as likely to have an ongoing permanent work relationship with the client
    • not likely to be a key aspect of the client’s business; they were hired to consult on a specific project because of their type of services and specialized skills. Again, the nature of the work will help define the relationship.

Free Case Evaluation from a Pennsylvania Workers’ Compensation Lawyer

It’s important for workers in Pennsylvania to know their rights. Find out whether you qualify for benefits if you have been injured on the job, you may be entitled to recovery.

Contact us or call Pennsylvania’s workers’ compensation attorneys at Metzger Wickersham about your injury for your free consultation to make sure your rights are protected.

We have seven convenient office locations in Harrisburg, Lancaster, Pottsville, Shippensburg, Wilkes-Barre, Williamsport and York. We also have Spanish speakers on staff.

Categories
    I would recommend these people to anyone.

    “The lawyers at this office and their staff, Mr. [Attorney] DeVere and [Paralegal] Stephanie, his assistant, became the voice I didn’t have after the accident. They were my points of light.”

    - Ms. D. Lopez
    I would recommend Metzger Wickersham to everyone.

    “You guys were so easy to work with. There was no stress and the whole process was done in a timely manner. I would recommend Metzger Wickersham to everyone. Such a pleasure.”

    - Sharon Balent
    You guys are absolutely amazing and that’s an understatement.

    “Attorney Painter was simply amazing...My wife had been fighting SSI for over three years. Since working with Metzger Wickersham her stress and anxiety levels were 100% gone.”

    - Carlos Bonilla
    Outstanding in every way

    “Outstanding in every way no one has ever helped me more in my entire life like this firm. I highly recommend. Thank you very much.”

    - Gary Klinger
    Absolutely wonderful!

    “They helped me with my case on a motor vehicle accident. They were kind, understanding, professional, and got the job done. They explained things, talked me through stuff, and answered any questions I had!”

    - Ms. Brianna Marquis
    Thank you for going that extra mile.

    “I wanted to thank Valerie for all her hard work and going that extra mile for me! I was denied twice, Valerie appealed my case to the Appeals court. Thanks to Valerie, my case was finally won after ...”

    - Joanne Brenizer
    They made everything stress free.

    “They handle everything from the day you call, strongly recommend this office in particular. They made everything stress free and worked hard to get me what I deserved.”

    - Alexia Brodbeck
    I have nothing but good things to say!

    “Everyone here was very helpful and worked very hard. I have nothing but good things to say about Metzger Wickersham. Also I did want to mention that Andrea and Brad were amazing.”

    - Thomas Claytor
    They were always on top of things.

    “I was in a car accident last year, and contacted them after asking friends for recommendations. The entire experience was emotional and traumatizing, but they were always on top of things and were ...”

    - Jessica P.
    Absolutely the best!

    “They are absolutely the best! They care and are truly experts! Highly recommend!”

    - Cheryl Ressler

Let Us Fight For You

Request a Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.