What if you are an “independent contractor”?

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FedEx is notorious for making their delivery people “independent contractors.”

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:

  1. The amount of control your employer asserts over you
  2. Whether you are engaged in a distinct occupation or business
  3. The kind of job you have (whether you are a specialist without supervision or not)
  4. The skill required to do your job
  5. Whether you supply the tools, place of work, and other things required to do the job
  6. The length of your employment period
  7. Whether you are paid by time or by the job
  8. Whether your work is part of the regular business of your employer
  9. Whether you and your employer believe you are creating an employer-employee relationship
  10. 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.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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2 thoughts on “What if you are an “independent contractor”?

  1. Pingback: Don’t Get Short-Changed On Your Work Comp Disability Payments- Workers' Compensation Watch

  2. Pingback: Don’t Get Short-Changed On Your Work Comp Disability Payments - Workers' Injury Rights

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