Often, the line between independent contractor and employee are blurred. Many companies try to pass employees off as independent contractors to eliminate the need for costly benefit packages. Just because a company claims someone is an independent contractor does not mean that they can get away without providing workers compensation benefits.
The definition of an independent contractor, per the Colorado Department of Labor and Employment, Division of Workers’ Compensation Employee Guide is providers of labor or services that are:
- Free from control and direction over the means and method of performing work
- Customarily engaged in an independent trade, occupation, profession or business related to the work being performed
You may think that if you have a contract signed with the employer stating that you are an independent contractor, or if you receive a 1099 from the company for tax purposes that you are unable to make a workers compensation claim on the basis of being a contractor. However, the documentation may not rule over the facts of how the work is done.
If you are indeed an independent contractor, you are limited to $15,000 in damages if you are injured on the job and file a civil suit, so it is very important to speak with a qualified Colorado workers compensation attorney if you are injured on the job and listed as an independent contractor.
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