Both federal and state laws may apply differently to independent contractors than employees. In certain cases, independent contractors have fewer rights than employees — which is the case with Minnesota workers’ compensation laws. This is why a major red flag appears when an employer tries to claim its workers are independent contractors after an injury occurs on the job.
It is important to know that just because your employer labels you an independent contractor does not mean you are legally an independent contractor. The court will look past simple titles to find the real facts of the situation.
You may be wondering whether you are truly an independent contractor or an employee. If you are trying to figure this out, it’s important to understand that your existing knowledge of these titles may not align with the legal definition. For most people, the legal definition is more detailed than everyday use of the terms.
Making matters more complicated, the Minnesota Workers’ Compensation statutes do not define “independent contractor.” Instead, case law has developed through prior workers’ compensation cases that have asked the question, “Is this worker an independent contractor or an employee?”
Case law has created a five-factor test to determine whether someone is an employee or an independent contractor. You can review this factor test on the Minnesota Department of Labor and Industry website.
While I have discussed this five-factor test in a previous blog, it unfortunately does not provide injured workers with much self-help guidance. The court will weigh the various facts of the case to determine whether a specific situation warrants classification as an employee or an independent contractor — there is no quick or simple answer.
This is precisely why the “you are an independent contractor” argument is such a red flag for a work comp attorney. There are almost always facts that indicate both employee and contractor status. It is usually in your best interest to obtain an attorney to fight for your rights in this situation.
Special Rules: Independent Contractors in Construction, Trucking, and Messenger/Courier Work
Special rules may apply if you are an independent contractor in the construction, trucking, or messenger/courier industries that could increase your chances of getting coverage under Minnesota workers’ compensation. These rules can also make your case more complex.
Next Steps: What To Do Now?
If you are in the situation discussed above, I highly recommend speaking with a workers’ compensation attorney for a free consultation. A skilled workman’s comp lawyer knows that just because your employer calls you an independent contractor does not necessarily make it true.
Whether your medical bills, time off, wage losses, and rehabilitation costs are covered by your employer may depend on your classification as an employee or independent contractor. As always, our team of Minneapolis work comp lawyers are here to fight for your rights. Call or text us for a free consultation at (612) 465-8733.