Can You File an Injury Claim in New York if You Are an Independent Contractor?

Lever & Ecker, PLLC May 3, 2023 Personal injury

When you are an independent contractor, your work-related injuries are not always covered under New York’s workers’ compensation laws. However, that does not mean you are out of options if you get hurt on the job. In fact, you may be able to file a personal injury claim against anyone who may be at fault, including the site owner and construction manager/general contractor. However, these cases can be complex, and it is important to have experienced legal representation to guide you through the process.

At Lever & Ecker, PLLC, we have a 99% success rate in recovering compensation for injured workers. We know that each case is unique, and we are always prepared to go to trial if necessary to fight for our clients’ rights. As an independent contractor who has been injured on the job, do not hesitate to reach out to us to discuss your options for pursuing legal action. Lever & Ecker, PLLC, is here to support you every step of the way.

Can Independent Contractors In New York File an Injury Claim?

In New York, workers who are injured on the job are typically limited to filing a workers’ compensation claim against their employer, although they are entitled to pursue a claim for their injuries against the owner and/or general contractor. If you are an independent contractor, you may be able to file a personal injury lawsuit against anyone who may be at fault—including the company that hired you.

Work Classification

The first step in pursuing legal action is determining whether you are classified as an employee or an independent contractor. Your employer may have classified you as an independent contractor to save money on benefits, payroll taxes, and workers’ compensation insurance. However, this classification is not always correct.

New York courts do not rely on a single factor to determine whether an employer-employee relationship exists. Instead, they consider a number of factors, such as whether the employer supervises the services provided by the worker, sets the hours of work, provides facilities, equipment, tools, and supplies, sets the rate of pay, and evaluates job performance. Independent contractors are generally free from supervision, direction, and control in performing their duties.

Construction Workers

For construction workers, the law is slightly different. Under the Construction Industry Fair Play Act, workers injured on the job while performing services for a contractor are presumed to be an employee for purposes of workers’ compensation, provided that they meet certain criteria.

Filing a Claim as an Independent Contractor

If you are an independent contractor and have been injured on the job, you may be able to file a lawsuit against the company that hired you and any other at-fault party, including the site owner. 

However, these cases can be tricky to navigate, especially when it comes to proving independent contractor status and demonstrating liability. It is important to seek the advice of an experienced work injury attorney who can inform you of your rights and options for pursuing legal action. Do not hesitate to speak with a highly experienced attorney for guidance. An attorney can determine the best course of action to pursue compensation for your injuries and losses. Remember, you have the right to protect yourself and your financial well-being.

Speak With an Award-Winning Attorney at Lever & Ecker, PLLC

When it comes to on-the-job injuries, independent contractors often face a more challenging path to compensation than regular employees. However, in certain circumstances, independent contractors may still be entitled to compensation for their injuries. If you are an independent contractor who has suffered an injury while performing work for a company, it is crucial to understand your rights and options for pursuing legal action. 

To ensure the best possible outcome, you need experienced lawyers on your side. That is where Lever & Ecker, PLLC, comes in. With award-winning New York lawyers and over 65 years of combined legal experience, we have a track record of success, including a 99% success rate, and are always prepared to go to trial if necessary. Contact our firm today at (718) 933-3632 or (914) 288-9191. You can also complete our contact form.

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