Pittsburgh, PA asked in Workers' Compensation for Pennsylvania

Q: I've heard that as an independent contractor, I can't get workers' comp - is that true?

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2 Lawyer Answers
Mark A. Buterbaugh
Mark A. Buterbaugh
Answered
  • Workers' Compensation Lawyer
  • Carlisle, PA
  • Licensed in Pennsylvania

A: It is a little more complicated than that. There are specific facts and tests to determine fi you are an actual independent contractor compared to an employee. Your best bet is to speak with an experienced workers compensation attorney. If in fact you are a true independent contractor, then you can't get workers compensation benefits. You could have a potential third party claim. I suggest you meet with a Workers Comp attorney.

Glenn Neiman and Timothy Belt agree with this answer

Glenn Neiman
Glenn Neiman
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Warminster, PA
  • Licensed in Pennsylvania

A: I agree with Mr. Buterbaugh. The evaluation into whether someone is an "employee" or an "independent contractor" can be complicated. What the parties call the relationship is often not the end result. But, yes, an independent contractor is not covered by workers' compensation insurance (but does have the availability of a civil suit, if there was negligence). I would urge you to consult with an attorney certified as a specialist in workers' compensation law. Good luck!

Timothy Belt agrees with this answer

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