Employee or Independent Contractor: Does it Matter When it Comes to Workers’ Compensation in Mississippi?
If you were seriously injured on the job in Mississippi, it may surprise you that one of the first questions that may come up is whether you are considered an employee or an independent contractor. Although it may not seem like it at first, this distinction matters a great deal because it can determine whether you qualify for workers’ compensation benefits. Many Mississippi workers are unsure which category they fall into, and the truth is that some Mississippi employers misclassify workers in order to avoid paying workers’ compensation benefits. Understanding your rights and knowing how Mississippi workers’ compensation laws treat these situations can make the difference between receiving the support you need and being left to handle medical bills and lost wages on your own.
Mississippi Workers’ Compensation Laws: The Basics
In Mississippi, employees are generally covered by workers’ compensation insurance, which provides benefits for job related injuries or illnesses. These benefits may include medical treatment, wage replacement, disability payments, and vocational rehabilitation. Independent contractors, on the other hand, are usually not covered. But the issue is not always as simple as job titles or labels. In many cases, workers who are called independent contractors are actually employees under the law and are therefore entitled to workers’ compensation benefits.
Mississippi courts and the Mississippi Workers’ Compensation Commission, the state agency that handles workers’ compensation claims, typically look at several factors to determine whether a worker is an employee or a contractor. One of the most important factors is the amount of control the employer has over the work. If the company controls how, when, and where the job is performed, the worker is likely to be considered an employee. Other factors include who provides tools and equipment, how the worker is paid, whether taxes are withheld, whether the worker can perform jobs for other companies, and whether the work is part of the regular business of the employer. No single factor decides the issue. Instead, the entire working relationship is examined, in its totality.
Employee Misclassification in Mississippi Workers’ Compensation Cases
Unfortunately, misclassification is common. Some businesses classify workers as contractors to reduce labor costs, avoid paying for workers’ compensation insurance, or avoid tax obligations. When a serious workplace accident happens, the worker may be shocked to learn that their employer claims they are not eligible for benefits. However, it is important to keep in mind that even if you signed a contract calling yourself an independent contractor, you may still qualify for workers’ compensation if the facts show you were functioning as an employee.
Getting Legal Help with Your Mississippi Workers’ Compensation Case
If you were seriously hurt on the job and you are unsure about your employment status, it is important to take action quickly. The important thing is to not assume you are not entitled to benefits. An experienced Mississippi workers’ compensation lawyer can evaluate your unique and specific case by reviewing your job duties, work arrangements, and employment documentation. An experienced Mississippi workers’ compensation lawyer can also help gather evidence such as pay records, witness statements, job descriptions, and company policies to determine your correct classification. If the employer disputes your claim, a lawyer can guide you through the hearing process and fight on your behalf.
If you were injured on the job in Mississippi, do not wait to speak with a lawyer about your case. Contact the experienced Mississippi workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe, PLLC. Contact Lunsford Baskin & Priebe, PLLC today and speak with a lawyer now.
