If you are being listed as an independent contractor for the first time or just started working with a new employer, you might be confused by this term and what it means for your job and taxes. Independent contractors do not have the same status and protections as regular employees in many situations.
However, an employer can’t make you an independent contractor just by calling you one. For Virginia workers’ comp, what matters most is how you actually work, and whether the company has the right to control how you do it. If you’re unsure whether your position should be contracted out or not, contact a lawyer for help.
Make Sure You Are an Employee
If your employer has you listed as an independent contractor, first look at how you actually work. Under Virginia workers’ comp law, the most important question is whether the company has the right to control how you do the work, not just the result it wants. The company doesn’t have to use that control every day. What matters most is whether it has the right to. Courts also look at who hired you, how you are paid, and whether the company can fire you.
Signs that point toward being an employee:
- The company tells you how, when, and where to do the job.
- The company supplies the tools and equipment.
- You are paid by the hour or on a regular schedule, not by the finished project.
- The company can fire you at any time, not just end a contract.
Signs that point toward being an independent contractor:
- You decide how the job gets done and only answer for the result.
- You use your own tools and equipment.
- You can hire others to do part of the work.
- You work for other clients at the same time.
No single sign decides it. Your classification depends on the facts of your situation, and if the insurance company says you weren’t an employee, the Virginia Workers’ Compensation Commission can decide.
Usually, people know if they are independent contractors. If you have never heard of the term before and work like other employees, your employer may have made a mistake or is trying to not give you all your benefits.
Talk to Your Employer
The first, simple step is to talk to your employer. Ask why you have been listed as an independent contractor and what duties you perform that meet the definition of an independent contractor.
If you believe that you have been wrongly classified, tell your employer. If they still insist that you are not a regular employee, you might need to get a lawyer involved. Pathfinder Injury Law handles Workers’ Compensation claims, and we can speak with you about your options.
Partner with a Lawyer
If your employer isn’t cooperating and won’t listen to your concerns, you might want to consider your legal options. Listing you as an independent contractor when your job duties are those of an employee may be unlawful.
It can also put you in harm’s way if you were to get injured on the job or need health insurance.
Get Ahold of a Lawyer After Being Listed as an Independent Contractor
Now you have an answer to your question about what to do when your employer lists you as an independent contractor. You don’t always have to go to court or get a lawyer when your job status has been filed incorrectly, but it’s certainly an option. It might be important to contact a lawyer, especially if your employer isn’t willing to fix the mistake or change it.
Talk with a lawyer at Pathfinder Injury Law. Call 804-505-0633 or fill out the contact form below.
