Can Independent Contractors Get Workers’ Compensation in Colorado? – Employees get unemployment insurance, they’re often covered through Social Security, Medicare, and Medicaid. Some employers and companies don’t like having employees because there are a lot of extra costs, so if they could, they would turn everybody into an independent contractor.
Independent Contractors and Workers’ Compensation
You can be considered an employee or an independent contractor under one set of laws, and still be considered the reverse under a different set of laws.
For example, if the division of the Department of Unemployment or the Internal Revenue Service says someone is an independent contractor, they could still be considered an employee under Workers’ Compensation, because the judges make decisions based on the rules and the law that govern Workers’ Compensation.
Am I an employee or an independent contractor?
There are 5 things that we look for to determine whether or not someone is an independent contractor or an employee under Workers’ Compensation.
1. Are you working just for this individual?
If your income is 100% coming from one individual, chances are you will be considered an employee. Even if you have your own business but you’re only working for one company, oftentimes that one factor could be determinative.
2. Who’s supplying the tools and the equipment?
If you’re supplying your tools and equipment, chances are you will be considered an independent contractor.
3. Are you being paid under a business name or your personal name?
If your check is made out to you personally, chances are you will be considered an employee. If you’re drafting up a bill to a company and they’re paying you based on that name, that tends to be more towards an independent contractor.
4. Can they fire you and not suffer any consequences?
If the employer can get rid of a contract for any reason without any sort of contractual claim, chances are you will be considered an employee, but if you could sue for breach of contract, then you would probably be an independent contractor.
5. Are you working for a homeowner?
When you’re working for a person in their home, for example, lawn care, cleaning the house, childcare, etc., you have to show that you’re doing it full-time before you’re considered an employee.
We’re here to help
The cases can be very complicated and fact-dependent, so if you or your loved ones have been injured on the job in Colorado, we can help you. Call or text us at 970-356-98-98, all of our consultations are free and confidential.
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