Key takeaways
A contractor label does not always resolve workers’ compensation coverage; the actual work relationship and state test may matter.
Records to put together
- Contract and invoices/pay records
- Evidence of who controlled schedule, tools, and work method
- Employer/contractor insurance records
- Incident and medical records
Questions to verify
- Which state status test applies?
- Who controlled the work?
- Which company carried coverage?
- Does another employer or contractor relationship matter?
Important caution
Employment classification can also affect tax and employment-law issues outside workers’ compensation.
When a lawyer consultation may help
- A deadline, hearing, denial, or benefit change is close or disputed.
- The medical evidence and the insurer/employer position conflict.
- Permanent restrictions, settlement, third-party liability, employment status, or retaliation may affect the file.