Often employers and workers’ compensation insurance companies deny workers’ comp, claiming employees are independent contractors. Independent contractors are not technically employees under Nebraska’s Workers’ Compensation laws (the same is true for most states).
In fact, employers and insurance companies often use the category “independent contractor” on purpose so that they can avoid having to pay for workers’ compensation claims for injured workers.
The thing is, even though your employer or insurance company may say that you are an independent contractor, there is a good chance that you are technically an employee, covered under workers’ compensation law.
According to the Nebraska Supreme Court you are either an independent contractor or an employee depending on:
- The amount of control your employer asserts over you
- Whether you are engaged in a distinct occupation or business
- The kind of job you have (whether you are a specialist without supervision or not)
- The skill required to do your job
- Whether you supply the tools, place of work, and other things required to do the job
- The length of your employment period
- Whether you are paid by time or by the job
- Whether your work is part of the regular business of your employer
- Whether you and your employer believe you are creating an employer-employee relationship
- Whether your employer is or is not in business
The bottom line is that you may be denied workers’ compensation because you are considered an “independent contractor” when, in fact, you have the right to workers’ comp. If you suspect this is the case, check with an attorney.
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