Self-Employed Workers’ Compensation: 3 Important Basics

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If you work for an employer, that employer is likely required to carry workers’ compensation insurance that will cover your damages in the event of an accident. If you are self-employed, however, it is a different matter. If you’ve been injured on the job, an experienced Greenville workers’ compensation attorney can help you find the best path forward.

Do You Receive A 1099?

Do you receive a 1099 for your work instead of a W2? If so, it means that you are not an employee of the company that provides you with the form. Instead, you are an independent contractor, which translates to being self-employed. As such, you are not covered by the company’s workers’ compensation insurance.

Purchasing Your Own Workers’ Compensation Coverage

If you are self-employed and your work involves a greater risk of being physically injured, purchasing your own workers’ compensation coverage may be advisable. For example, if you are a self-employed writer, you face much less risk of being physically injured on the job than an independent contractor who works construction does.

Making Sure You Are Actually an Independent Contractor

There are many financial benefits for companies that hire independent contractors instead of actual employees. In fact, the advantages can be so significant that some less-than-scrupulous companies engage in practices that misclassify actual employees as independent contractors.

This determination is based on the contractual nature of the relationship between the employer and the person engaged to do the work. A person is an independent contractor only if he is free “to do the particular work according to his own knowledge, skill, judgment, means and methods, free from the employer’s control except as to the result of the work,” (Farrar v. D.W. Daniel High School, 309 S.C. 523, 424 S.E.2d 543 Ct. Ap. 1992).

South Carolina’s court recognizes four factors that help determine the nature of the relationship:

  • The employer’s exercise or right to exercise control over the details of the work and how it is performed
  • The method of payment
  • Who furnishes the equipment
  • The employer’s right to terminate the relationship

If these factors weigh against the employer, then a person initially deemed an independent contractor may actually be an employee that is entitled to workers’ compensation.

Reach out to an Experienced Greenville Workers’ Comp Attorney Today

David Price a Greenville personal injury lawyer, is a skilled workers’ compensation attorney who dedicates his practice to helping people who have been injured at work obtain just compensation. For more information, please don’t hesitate to contact us or call at 864-310-7640 today.

FAQ

Could I be an employee?

The truth is that some workers who are actual employees are misclassified as independent contractors, but an experienced workers’ compensation attorney can help.

What does workers’ compensation insurance cover?

Generally, workers’ compensation insurance will cover your medical expenses and your lost wages.

Are workers’ compensation attorneys expensive?

Workers’ compensation attorneys work on a contingency fee basis, which means that you won’t be required to pay unless you win your case, and then you will owe a predetermined percentage of your recovery.

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