Understand Employee Misclassification
In the realm of workers compensation law, misclassification of employees involves claiming that workers are actually independent contractors. This matters because Pennsylvania rules state that a business does not have to carry workers comp insurance for contractors who may work at a company’s location doing the same job as employees but is not actually one of them.
Misclassification of an employee as a contractor may occur due to lack of knowledge about state laws regarding classification or an intentional plan to get out of paying for the insurance or workers compensation benefits. No matter what the reason is, the outcome may be the same: no compensation if you are injured at work.
If an accident or incident did occur that leaves you with medical bills and lost wages, but your employer has misclassified you as an independent contractor, it would be in your best interest to contact a skilled attorney as soon as possible. Gregory Boles can help you regain the proper classification, so workers compensation covers the care you need.
If any question about the classification is brought up, the general status of employment in Pennsylvania leans toward an employer/employee legal relationship. Disagreements or lack of documentation about the classification are handed over to the Pennsylvania Workers Compensation Board for final determination.
An independent contractor is an individual who does not fall under the control of a particular company in regard to the services that they provide. In most cases, they perform duties guided by their own established trade instead of according to the directions solely of the company involved. In other words, the business who is receiving the benefit of the work does not dictate what the person does. They simply fulfill the project or requirements according to their own methods.
Other differentiation comes from how independent contractors are paid. They have individual contracts with the business that affect only them and no other people working there. They do not work with salary in most cases.
Your Response to Misclassification
Misclassification causes quite a few potential problems when it comes to things like taxes, insurance, benefits, and workers compensation claims. Unlike employees, contractors are not legally entitled to minimum wage, overtime payments, FMLA, insurance, or even some standards of safety on the job.
If an incident occurs that results in an injury, an independent contractor usually has no recourse unless third-party fold is established. If you are an employee but were misclassified as a contractor, contact an attorney as soon as possible. They can assist you with filling out the Worker Misclassification Inquiry form provided by the PA Department of Labor. Also, the attorney can help you file for workers compensation if you are entitled to the benefits.
How Do You Report Employee Misclassification?
If your employer has misclassified you as an independent contractor, you won’t be able to claim workers compensation benefits in the event you suffer an injury at work. Fortunately, there are steps you can take to protect your rights and get the compensation you deserve.
To achieve this, you first need to schedule a consultation with a qualified employee misclassification attorney. Your attorney will be able to:
- Contact the Department for Professional Employees that can review your employer’s classification of employees.
- Advise you on whether you should report the employer with labor or state revenue departments.
- Determine whether you may qualify for workers compensation regardless of your misclassification.
- Take further steps to help you claim the unpaid benefits and wages or file a suit if possible.
If you find yourself in this type of situation, reach out to our experienced employee misclassification attorneys. We will help determine whether your employer has wrongly classified you as an independent contractor and take measures to protect your interests and rights.
What specific benefits would an employer gain by such misclassification?
If you’ve been wrongly misclassified as an independent contractor at work, you may be interested in learning what exactly this means for your employer. In general, employers who misclassify their employees can gain the following advantages:
- Tax evasion. By classifying their employees as independent contractors, employers can avoid paying certain state and federal taxes.
- Legal responsibility avoidance. If you’re not classified as an employee, your employer doesn’t have to pay you a minimum wage, workers compensation, etc.
- Law circumvention. Employee misclassification also helps your employer avoid laws that prohibit discrimination and protect employees’ rights.
- Health & pension plans. If you’re misclassified as an independent contractor, you don’t have the right to sign up for the health or pension plan at work.
To avoid finding yourself in such an unfavorable situation, you should contact Liberty Bell Workers Compensation if you believe you have been a victim of employee misclassification. Your employee misclassification attorney will provide you with legal advice and take steps to deal with this legal matter in Philly.
Have a Qualified Employee Misclassification Lawyer in PA on Your Side
As an employee, you have certain legal rights under relevant laws. We are here to ensure these rights are protected against possible violations such as employee misclassification. Our workers compensation attorneys can assist you with filing an employee misclassification claim and take other important measures to protect your rights and interests.
With our legal team on your side, you will have the legal expertise needed to get the compensation you’re legally entitled to. We will advise you on the most effective course of action that can help us achieve the desired outcome. Reach out to us and we’ll set up your consultation with our trusted employee misclassification claim attorney in Philadelphia.