Often, cases arise in the realm of workers compensation that require Denver disability lawyers and attorneys to bridge the gap between employees, employers, and workers compensation insurance. Although companies with employees are required to have workers compensation insurance, the laws are often complex and riddled with loopholes, leaving employees without the benefits they deserve.
The case of Frances Atiapo: a truck drivers workers compensation dispute
Frances Atiapo was a truck driver for Goree Logistics, Inc. Goree worked with Owen Thomas to transport products for another company. While driving through Colorado, Atiapo was involved in a motor vehicle accident and was injured on the job. Despite being on the job, Goree denied Atiapo’s workers compensation claim, arguing that he was an independent contractor. The company further claimed they were exempt from having workers compensation insurance because they only had three employees.
Workers compensation and independent contractors: key differences
In many cases, independent contractors are required to rely on their own insurance when injured on the job, as they are not technically employees of the company. Taxi drivers are a common example, as they have more autonomy over their work, such as choosing to accept or decline fares, compared to employees who work in structured environments.
Employer/employee connections in workers compensation cases
When an individual is injured on the job, litigation often becomes necessary, especially when questions arise about whether an employer-employee relationship exists. In Atiapo’s case, the Commission found Owen Thomas liable, connecting Atiapo to Thomas and ordering Thomas to pay workers compensation benefits.
Although Owen Thomas was a brokerage firm, they controlled many aspects of Atiapo’s work, such as the temperature he had to maintain in his truck and how often he needed to report to them. These details established a de facto employer-employee relationship, even though Atiapo was labeled as an independent contractor. This connection allowed Atiapo to qualify for workers compensation insurance despite his status as a contractor.
The consequences for companies without workers compensation insurance
Goree Logistics was also fined for not carrying workers compensation insurance, as motor carriers are required by statute to have coverage, regardless of how many employees they technically employ. This case highlights the importance of workers having legal representation to ensure their rights are protected and that companies are held accountable.
Simplifying workers compensation cases for injured workers
Workers compensation laws can be confusing and complex, making it essential for injured workers to have a knowledgeable attorney on their side. At Kaplan Morrell, we have been helping injured workers get the benefits they deserve since 1997. Contact us for your free consultation at 303-780-7329.
