Traditionally, employees receive W2 tax forms, and independent contractors do not, technically making them ineligible for benefits, including those affiliated with workers’ compensation. However, employers must carry workers’ compensation insurance for everyone who works for them, including employees, independent contractors, and subcontractors.
The exception for contracted workers is if they are engaged in an independent enterprise, which disqualifies them from benefits from the company that hires them. If independent contractors and workers’ compensation in Henderson sounds confusing, it does not have to be with the help of a competent workers’ compensation attorney who can assess your situation and advise you of your rights.
The one catch to receiving workers’ compensation benefits if you are an independent contractor is the independent enterprise. Generally, it means you work for yourself and pay your own taxes. You are responsible for your medical care. In Nevada, a person is affiliated with an independent enterprise if they:
A sole proprietor working from a small office passes out business cards and hires out to do electrical work for anyone needing these services. While replacing a light socket for a customer, the electrician sustains an injury. Because the electrician works independently, the client’s workers’ compensation policy doesn’t cover the injury, leaving the electrician responsible for medical costs and lost wages.
A chef who occasionally works for a caterer during large events is also an independent contractor but could be entitled to workers’ compensation benefits if they are injured on the catering job because they are in the same profession as the caterer and do not hold themselves out as having their own business. A skilled Henderson workers’ compensation attorney can review clients’ situations and discuss their status as independent contractors.
State law treats construction workers differently. Those who work as contractors in construction, with the exclusion of licensed engineers and registered architects, are considered employees, and the independent enterprise test does not apply.
The primary contractor overseeing the job or a subcontractor who hires other workers must carry workers’ compensation insurance for construction workers. This is beneficial for workers because Forbes ranks construction work as the ninth most dangerous profession in the U.S. Construction workers who are told they are independent contractors and denied workers’ compensation in Henderson should contact an experienced attorney for guidance. We fight for Nevada victims.
Workers’ compensation is a safety net for families because when a breadwinner gets injured on the job, the no-fault system pays for medical treatment and replaces a portion of the worker’s wages. Wage replacement comes in the form of temporary and permanent disability. Vocational rehabilitation is also available, as are death benefits if a worker suffers a fatal accident. For a comprehensive assessment of independent contractors’ rights, contact a workers’ compensation attorney in Henderson.
If you are an independent contractor who does not perform your job through your own business or are a construction worker, you are entitled to benefits for injuries on the job through the firm that hires you. It does not matter what your employer tells you. Simply categorizing you as independent does not let them off the hook from mandatory coverage.
Your employer could be subject to civil fines and possibly criminal charges if you are injured at work and do not have proper insurance coverage. Our attorneys understand how independent contractors and workers’ compensation in Henderson should be handled, and our case managers speak Spanish if you are more comfortable communicating in it. Call us for a free consultation so we can answer all your questions. There is no fee unless we win your case.
