A Rhode Island Workers' Compensation Lawyer Discusses Contractor Rights After a Workplace Accident
In Rhode Island, workers’ compensation is a form of no-fault insurance that helps employees retain their financial independence after being injured in a workplace accident. However, workers’ compensation isn’t available to everyone. If you’re an independent contractor or a gig worker, you may not have the same right to benefits as salaried employees.
You don’t have to accept hardship as the price of being your own boss. If you’ve been hurt in a workplace accident that wasn’t your fault, Kirshenbaum & Kirshenbaum, Attorneys at Law, could help you explore your best options for recovery. Read more to learn about independent contractors’ rights to workers’ compensation, or contact us today to speak to a lawyer and schedule your free consultation.
Workplace Injuries and Workers’ Compensation
If you’re eligible for workers’ compensation benefits, you’ll typically submit a claim through your employer’s policy. Depending on the circumstances of an accident and the severity of any resulting injuries, workers could be entitled to compensation for losses including, but not limited to, the following:
- Medical expenses
- Lost income from work
- Partial and total disability benefits
- Vocational rehabilitation
- Funeral costs and burial fees
Workers’ compensation can be a powerful tool for people who’ve been injured on the job, but it isn’t without its drawbacks. In most states, benefits are only available to workers who have been categorized as “employees,” a legal term that excludes most gig workers and independent contractors.
Independent Contractors and Workers’ Compensation Benefits
Terms like “gig work” and “gig economy” have been popular for years, but not everyone who meets the definition of “gig worker” knows what these labels entail.
According to the Internal Revenue Service, almost anyone who earns an income by providing “on-demand work, services, or goods” could be considered a gig worker. This includes people who market their services online and those who accept assignments through an application or other digital platform.
Some common examples of “gig work” include:
- Driving a car for Uber, Lyft, or another rideshare service
- Renting out an apartment or room on Airbnb
- Purchasing and delivering groceries for Instacart customers
Gig workers, unlike employees, are almost always categorized as independent contractors.
Unfortunately, in Rhode Island, independent contractors cannot receive workers’ compensation benefits unless they have purchased their own workers’ compensation policy.
How Gig Workers Can Obtain Benefits After a Rhode Island Accident
You can’t obtain workers’ compensation benefits if you’re a gig worker or an independent contractor. However, making a living in the gig economy doesn’t mean that you aren’t entitled to any compensation for a workplace injury. You could be entitled to:
Challenge Your Classification
Just because you work for somebody who says that you’re an independent contractor doesn’t mean that you’re actually an independent contractor. You are only an independent contractor if:
- You have the freedom to determine when to work and how to do your job.
- You have control over your work hours, conditions, and pay.
- You have a contract, or other business relationship, that sets strict limits on liability.
If you have serious doubts about how you’ve been classified, it’s best not to put too much faith into what your client says: many companies intentionally categorize employees as contractors to avoid having to pay certain taxes. However, receiving pay as an independent contractor doesn’t make you one. Employees who have been wrongfully categorized as independent contractors could still be entitled to workers’ compensation, even if they signed an agreement consenting to their classification.
File a Work Injury Lawsuit
Independent contractors have a right to expect worksites to be safe and free from unreasonable hazards. Even if you work in construction or another inherently dangerous occupation, you don’t have to accept excuses for negligence.
A Rhode Island work injury lawyer could help you assert your right to recovery by:
- Investigating the causes and circumstances of your accident
- Collecting, protecting, and analyzing physical evidence from the accident site
- Assessing your damages
- Negotiating a fair settlement
- Preparing to take your case to trial