Are You An Employee Misclassified As An Independent Contractor?

BY: Koszdin | Thursday, January 14, 2021.

California’s changing laws seek to protect injured individuals from employers who try to avoid paying workers’ compensation.  As it stands, if you are an independent contractor, you cannot collect workers’ compensation. Companies seeking to avoid liability find hiring independent contractors simpler and less costly should something go wrong. In some cases, they avoid contracts and do not detail whether you are an employee or an independent contractor. This leaves dozens of hurt workers in limbo, wondering if they will receive workers’ compensation.

People have families to support. When they are injured, paying day-to-day bills, medical bills, physical therapy, and other unforeseen costs can become overwhelming. How do you stay afloat when the workers’ compensation you deserve is denied?

You need a workers’ compensation attorney in Los Angeles, California. Koszdin, Fields & Sherry has extensive experience navigating California’s worker compensation laws. They will successfully fight for your rights and secure the compensation you deserve. Call today.

California’s Evolving Worker Compensation Laws

Employee status is a term that has changed with the needs of the public. After the recession in 2008, many companies sought to cut costs to stay afloat. The economic strain put thousands out of business. Companies tried everything possible to limit liability. Unfortunately, after the recession ended, many companies continued to cut corners at the expense of people.

Employers wanted full control over their laborer’s hours and expected the tasks to be done under their supervision and control. However, under California law, those demands conflict with the nature of an independent contractor. To protect workers,  Governor Newsom signed a new bill into law in September of 2019 that explicitly states:

  • For a person to be hired as an independent contractor, they must be “free from the hiring entity’s control and direction.”
  • The worker must be customarily engaged in an established independent trade, business, or occupation similar to the work being performed
  • The work must be outside the usual course of the hiring entity’s business

Often referred to as the ABC test, if you are injured on the job and find yourself in employment limbo, your workers’ compensation attorney can use this test to determine your eligibility.

What to Do If You Are Misclassified as an Independent Contractor?

Don’t wait to be denied workers’ compensation before obtaining representation. A workers’ compensation lawyer in Los Angeles, California, can see that you have the compensation you need the first time.

Misclassification in employment status is a persistent problem. According to the US Department of Labor;

  • Between 10% and 30% of employers audited were misclassifying their workers.
  • As a result, 95% of workers have reclassified as employees

A workers’ compensation attorney will look out for your best interests when your employer does not. We will hold the company responsible when you’re injured and safeguard your rights.

Koszdin, Fields & Sherry Are Here for You

Don’t let misclassification prevent you from collecting the compensation you deserve. If you or someone you know has been injured on the job, you need the best workers’ compensation attorney in Los Angeles, California. Call Koszdin, Fields & Sherry today. You can reach out to us for a free consultation by clicking here or calling 800-747-3447.

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