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Castle Law Office

Q
Can Contractors Require Their Employers to Have Workers' Comp?

A

A contractor is someone who works on a contract basis — meaning the individual isn't considered a full-time employee of the company, even though he/she may work at least full-time during the period of the contract.

Standard benefits, such as health insurance and retirement benefits, aren't offered to contractors. A contractor files different tax forms, and is required to pay his/her own Social Security, Medicare, and other taxes, rather than having them automatically deducted by the employer.

Because this is the case, it's important for a contractor to know that if he or she is injured while performing contract work, the employer’s workers’ compensation insurance will be able to assist with the expenses of the injury.

Any type of employment may be offered on a contract basis — from agricultural and construction labor to compensation for artistic and political ventures. Some employers may offer contract employment as a way to avoid taxes, so it's important to know what you are signing up for at the beginning of any contract.

If an employer doesn't have workers’ comp, it may be because they're engaged in less than estimable labor practices. However, if you don't learn this until after you've sustained an injury and tried to obtain workers’ comp, it will be too late, and you'll be responsible for all medical and other expenses related to your injury.

So before beginning contracted work, it's not only acceptable for a contractor to require the employer have workers' compensation — it's often to be expected.

If you have concerns about whether your employer will cover your workers' comp claim, let our attorneys help by looking into your claim and assisting you through the process.

Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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