Menu / Navigate
Jerome, Gibson, Stewart, Stevenson, Engle & Runbeck, P.C.
Helping Injured Workers In Arizona Since 1973

Am I an 'independent contractor' or an employee?

For those who work in construction and other businesses, whether a person is an "independent contractor" or an employee can make all the difference in the world with respect to how a person gets compensation for any workplace injuries.

With respect to its employees, an Arizona company must provide workers' compensation benefits on a no-fault basis that will cover the employee's medical expenses and lost income. However, not everyone a company pays for work is by that mere fact an employee. With respect to these other people, usually called independent contractors, an employer does not have to provide workers' compensation.

In some cases, it can be difficult to know for certain whether a person is an "employee" entitled to workers' compensation. In deciding whether a person is an employee, labels assigned by the employer matter relatively little. After all, an employer has an incentive to call a worker an "independent contractor" if doing so means not having to pay benefits.

Therefore, Arizona courts and administrative bodies will employ what is called a "totality of facts" test to difficult cases. Some of the facts that courts will consider include, among others, how the worker received payment, that is, whether the worker was paid by the hour or by the job, who supplied the equipment for the task and the length of the relationship between the worker and the employer.

It can be frustrating when a worker who thought that he or she was an employee finds out that he or she might not receive workers' compensation. In such cases, that worker may do well to secure the assistance of an experienced Arizona workers' compensation attorney.

No Comments

Leave a comment
Comment Information

Contact Our Firm For A Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Phoenix Office
1001 North Central Avenue
Suite 701
Phoenix, AZ 85004

Phone: 602-635-6561
Fax: 602-340-8825
Map & Directions

Mailing Address
PO Box 2551
Phoenix, AZ 85002

Back to Top
Review Us