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Workers’ compensation and the independent contractor

On Behalf of | Aug 4, 2015 | Firm News, Workers' Compensation

Citizens all over the country are switching from traditional forms of employment to careers as independent contractors. The advantages to making this switch are numerous and include setting your own hours, choosing where you will work and setting your own fees. Despite the many attractive benefits of becoming an independent contractor, one major issue often remains unaddressed: What happens when workers are injured on the job and does workers’ compensation cover these injuries? The answer is not simple and is dependent on several factors.

If you are an independent contractor working in North Carolina, you should know that those who employ you are not automatically free from providing you with workers ‘ compensation. Should a work-related injury occur, the state’s courts will examine the facts related to the incident to determine whether you will be considered an employee and therefore eligible for workers’ compensation benefits.

State courts and the North Carolina Industrial Commission will consider several key points before making the decision such as the “degree of control exercised by the employer over the details of the work.” While the commission and the North Carolina court in charge of the case will make these decisions based on fact, it is a great idea to work with an attorney throughout the process. This gives you a certain degree of protection you might not have on your own while keeping you informed through each phase of your case.

Just because you are an independent contractor, it does not mean you must be solely responsible for injuries you may receive during the course of your work. You can learn more about how the workers’ compensation system benefits independent contractors by exploring the website of Jay Gervasi, attorney at law for North Carolina workers.

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