Many of North Carolina's employers designate employees as “independent contractors.” This has many advantages for those doing the hiring, and many companies are convinced that they won't have to pay workers' compensation for so-called independent contractors. Fortunately, the reality is far more nuanced.
There's an old saying that a dog has four legs, and it still has four legs even if you call the tail a leg. The North Carolina Industrial Commission takes a similar approach to independent contractors: a company can call an employee an independent contractor, but that doesn't make it so.
If you're hurt and you file for workers' comp, your employer might object on the grounds that you're really an independent contractor. The Commission will attempt to determine if that's true based on a number of factors, including:
- The number of hours you work for the company
- The extent of the company's control over your labor
- Whether or not you work for other companies
If the Commission finds that you are, in fact, an employee, you will have the same rights to workers' compensation as any other officially designated full-time employee.
It's obviously important to have the right workers' comp lawyer on your side in these disputes. We're familiar with the independent contractor dodge, and we know how to demonstrate your true status. We understand which evidence the Commision finds persuasive. And we are committed to ensuring that you are not victimized by a company's ruse.
If you're a North Carolina resident in need of an experienced workers' comp lawyer, please contact White & Stradley, PLLC today for a free consultation.