الأحد، 22 أبريل 2012
Michigan Workers Compensation Lawyers
Differentiating between an employee of a particular company and a separate independent contractor can be much more difficult than one would think. Some independent contractors may only work for one certain company and this can make it hard to determine what type of employee he/she really is. Our Michigan workers compensation attorneys can tell you that an employee of a company is treated much differently than an independent contractor when dealing with a workers comp claim. An employee will be entitled to worker's compensation as well as unemployment insurance, but an independent contractor is not entitled to either of these programs. It is important to know whether you are treated as a regular employee or as an independent contractor since this small difference can really affect you if you suffer a work related injury. A good way to tell is that most employees usually don't have control of their hours or what jobs are accepted.
How Does Michigan Differentiate an Independent Contractor From an Employee?
An independent contractor is defined as a worker who maintains a completely separate business entity from the paticular company where the workplace injury took place. This contractor must holds out to and renders services to the public. An independent contractor cannot be independent simply because he or she wants to, some sort of supporting evidence is needed to back up this claim. The same goes for the employer. They cannot call a worker an independent contractor simply because they want to and it would benefit the business, they need supporting evidence to claim this. Even if the employee and the employer agree to the independent contractor status, this is not enough. If this worker only works at one place of business and it directly controll by that business, this person is an employee not an independent contractor regardless of any verbal agreements made previously.
What is The Specific Law Relating to Independent Contractors?
The Michigan Statute about this condition states that "Every person in the service of another, under any contract of hire, express or implied..." is an employee. Furthermore you are an employee if all three of the follwoing conditions are met: (1) You do not maintain a separate business and, (2) You do not hold yourself out to and render service to the public and, (3) You are not an employer subject to the Michigan workers compensation act.
Contact an Experienced Michigan Workers Compensation Attorney To Protect Your Rights!
The Clark Law Office has handled comp claims in Michigan for 30 years. We have a proven track record of successfully winning workers compensation cases for our clients. We will not charge you a fee unless we win your case! If you have suffered a work related injury, contact one of our experienced Michigan Workers Compensation Attorneys today for a free consultation.
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