Wednesday, October 5, 2011

I am a 1099 Worker, Can I File for Workers' Compensation Benefits?

If Your Employer Did Not Report Your Wages to Unemployment in Pennsylvania, it is Probably Because You Were Classified as an Independent Contractor


Free From Direction and Control =
Independent Contractor =
No Workers' Comp Benefits
If you are truly an independent contractor paid on a 1099 basis, then the answer is no.  However, companies commonly, and intentionally, "misclassify" workers as independent contractors so as to avoid certain obligations, such as workers' compensation insurance.

If I am self-Employed, Can I Get Workers' Compensation Insurance Coverage?

In Pennsylvaia, if you are classified as an Independent Contractor, your are deemed to be self-employed.  If you are self-employed, you cannot get workers' compensation benefits.

I am not sure why this is, but my guess is that the authorities believe that self-employed people would have an easier time "faking" work-related injuries...

If you are interested in an in depth analysis of what it means to be misclassified as an independent contractor, and what you can do about it, Click Here.

Helping Misclassified Workers Since 1991
Philadelphia Are Employment Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania. 

John typically represents employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorney Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Employment Labor Lawyer Near Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly.


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