Are Independent Contractors Covered By Florida Workers’ Compensation?
Workers’ compensation is a benefit designed to cover employees who are injured on the job, providing medical care in exchange for the employee waiving their right to sue their employer. That said, the question of independent contractors often comes up: namely, are independent contractors entitled to workers’ compensation benefits? The answer, at least in Florida, is almost always no – but the reality is much more complex than a simple negative.
Independent Contractors Are Not Covered, But …
Independent contractors are not, legally speaking, employees; the difference between the two lies in just how much control over one’s own objectives a person is entitled to have. For example, an independent contractor may have their own separate office space or equipment, while an employee must work on their employer’s premises, with their employer’s equipment.
Because they are not employees, independent contractors are not entitled to workers’ compensation benefits. However, there are two caveats to that blanket statement. The first is that the rules are different in the construction industry; what qualifies a person as an employee differs from most other industries. The second is that sometimes, whether intentionally or unintentionally, employees are wrongly classified as independent contractors and denied workers’ compensation.
Misclassified In Order To Avoid Payment?
The construction industry is one of the only industries where independent contractors are usually able to receive workers’ compensation benefits (unless they are working on a residential job with specific criteria). The industry is so hazardous that the Florida legislature distinguished the construction industry as needing workers’ compensation for all involved.
If you are not in the construction industry, however, and you suspect that you have been misclassified, be aware that you have rights. Both Florida and the federal Internal Revenue Service (IRS) have tests to distinguish between an independent contractor and an employee, and if your employer is found to have intentionally misclassified you, they can face both civil and criminal penalties – specifically, under Florida law, intentional misclassification is a felony.
Call An Orlando Workers’ Compensation Attorney
Workers’ compensation is a benefit designed for employees – but in this day and age, the question of who qualifies as an employee may be different than one might expect. If you have questions or concerns, an Orlando workers’ compensation attorney from the Hornsby Law Group may be able to help. Contact our office today to schedule a consultation.
Source:
flsenate.gov/laws/statutes/2002/440.02
