Workers’ Compensation insurance is only available to employees, not independent contractors. As an independent contractor, you may be entitled to compensation if you are hurt on the job in Council Bluffs. There has been a rise in the practice of misclassifying employees as independent contractors as a means for companies to reduce overhead while increasing the cost to their workforce.
A developing concern in Iowa and around the country is the categorization of workers as “independent contractors” rather than “employees.” According to Iowa’s official website, “the misclassification of employees undermines the state’s economy, its companies, and its people — the most essential resource we have.”
You May Be an Employee Despite Being Told Otherwise
What signs should you look for to determine if you’ve been improperly labeled as an independent contractor? There isn’t one, “ironclad” guideline or criteria. In most cases, this comes down to whether or not the corporation has adequate control over its work processes, both in practice and in theory. If you have a lot of say in how things are run, it may look like you’re an employee rather than the boss. The task is in your usual field of work but not part of the employer’s normal business; you have the freedom to hire and supervise your own assistance; you have to provide your own tools, and there is a contract for a specific project at a defined fee.
Any variety of crimes is broken when an employer knowingly misclassifies someone who, based on the facts and the law, is an employee.
What to Do If You Suffer an Injury on the Job and Your Employer Doesn’t Provide Workers’ Compensation
A worker who has been incorrectly classified as an independent contractor and who sustains an injury in the course of and as a result of their job, but for which their employer does not provide workers’ compensation coverage, may pursue legal action in state court. An action for damages or compensation may be brought under workers’ compensation laws.
In these circumstances, employees have the upper hand under Iowa law. In most situations of personal injury, the burden of evidence rests with the injured party (here, the employee), but in this case, the defendant/employer has the duty of proving that the plaintiff’s harm was not the product of the defendant’s carelessness. A judge or a jury can make the final determination of the facts, at the plaintiff’s discretion.
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