In the context of workers' compensation, the term "workers" does not have the same meaning as the conventional definition of the word. This is because the "workers" in workers' compensation refers only to workers classified as employees. This means workers who aren't classified as employees aren't entitled to workers' compensation benefits, even if they get injured on the job. Here are three examples of workers who aren't employees:
Independent Contractors
An independent contractor has control over the details of his or her work. As an independent contractor, you have your own tools, don't work for one person, and do your work in your own way. This is unlike an employee who has to be told what to do, how to do it, and what to do it with.
A good example of an independent contractor is a plumber with his or her tools who gets hired by anybody who has plumbing needs. Contrast this with a plumber who doesn't have plumbing tools, but takes them from his or her boss' and does whatever work the boss throws his or her way. This second plumber is an employee and is therefore entitled to workers' compensation.
Volunteers
If you donate your services and time (usually on a part-time basis) without contemplating any pay (in cash or kind), then you are a volunteer. Volunteers usually work part time for religious, public service and humanitarian organizations. They are not considered employees and aren't entitled to workers' compensation.
Consider an example where you work at a local thrift store run by a charitable organization. If you haven't signed a contract for remuneration, and you don't expect any, you are a volunteer and shouldn't expect workers' compensation in case you are injured at the store.
Casual or Seasonal Worker
Are you a seasonal or casual worker? Such a designation may also exclude you from workers' compensation benefits. You are a casual or seasonal worker if you only work at certain times of the year. For example, if you shovel snow out of sidewalks during the winter or help pick fruits when they are in season, then you are likely a casual worker. As a casual or seasonal worker, you may not even have guaranteed work.
These are only three examples of workers who may not be employees; there are others. States also have different definitions of who is an employee. Some states also have exceptions that allow some non-employees to receive workers' compensation benefits. Therefore, just because your boss has labeled you a volunteer or an independent contractor, it doesn't mean you should give up on your workers' compensation claim. Consult a workers' compensation lawyer to confirm or disapprove your boss's claims. For more information about worker's compensation claims, contact a legal practice such as the Law Office of Leslie S. Shaw.
Share17 December 2015
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