Queens Worker Compensation for Independent Contractors

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Experienced Workers' Compensation Lawyers for Independent Contractors

With the rise of contract-based employment, many individuals in today’s workforce may question whether New York State provides workers’ compensation benefits for independent contractors. Generally, independent contractors are not eligible for workers’ compensation benefits since they are considered self-employed, acting as both employers and employees. However, the classification of independent contractors under New York State laws is intricate, and in some cases, individuals who aren’t traditional W-2 employees may still be entitled to workers’ compensation benefits.

 

If you’re an independent contractor in New York City and have sustained injuries while performing your job duties, reach out to Gabriel Legal Injury Lawyers at (212) 463-8888. Our workers’ compensation attorneys will assess your case at no charge to determine your eligibility for benefits. If you’ve been denied workers’ compensation for any reason, we’re here to provide assistance.

Factors Influencing Independent Contractor Status

To qualify for workers’ compensation, an employer-employee relationship must exist. Even if you receive a 1099 form, New York State courts may consider you an “employee” if the employer exercises any control over the time, manner, or method of your work.

 

When determining whether a worker is an independent contractor or an employee, courts consider various factors, including:

Method of payment received

Length of employment

Selection of materials and tools

Control over working hours

Intent of the work contract

Employer’s authority to hire and fire

 

Independent Contractor vs. Employee: Real-Life Case Example

In the case of Golash v. Cherokee Cab Co., the Georgia Court of Appeal deliberated on whether a cab driver qualified as an employee and was entitled to workers’ compensation benefits. The court employed the “right to control” test, which evaluated whether the employer had the authority to control and direct the cab driver’s work based on the employment contract.

 
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Queens Worker Compensation Practice Areas

01

Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.

02

Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.

03

Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.

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Key Facts Of The Case Were As Follows:

  • The employer could dictate the driver’s work schedule.
  • The employer determined the duration of shifts and when work should end for the day.
  • The employer had the power to terminate employment if the driver did not comply with directives.

 

Based on the evidence presented, the Court determined that since the employer exercised control over the “time, manner, or method” of the driver’s work, the driver should be classified as an employee and thus eligible for workers’ compensation benefits.

If your employer claims that you’re an independent contractor and not entitled to workers’ compensation benefits, it is crucial to establish that the employer exercises control over your working hours and the manner in which you complete your tasks. Consult a work injury attorney at Gabriel Legal Injury Lawyers in New York City for guidance. 

Call for a Free Consultation Today

At Gabriel Legal Injury Lawyers, we understand the importance of immediate action and prioritizing your needs. Our team of experienced lawyers is committed to tirelessly advocating for your rights and will not give up until your case is settled. When you choose our firm, you can rest assured knowing that we have your best interests at heart.

After experiencing a workplace accident, it’s essential to have the guidance and support of skilled New York City lawyers. We are here to help you navigate the legal process and ensure you receive the compensation you are entitled to. Your focus should be on your recovery while we handle the legal complexities on your behalf. Don’t hesitate to reach out to us today; the sooner we begin working on your case, the better.

Trust Gabriel Legal Injury Lawyers to fight for your rights and provide the assistance you need during this challenging time. Let us take care of securing your rightful compensation, allowing you to move forward with confidence and peace of mind. Contact us now to schedule a consultation.

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Determining Liability in an Queens Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:

01

Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.

02

Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.

03

Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.

04

The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co

05

Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.

06

Trial

If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Queens

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Queens Worker Compensation for Independent Contractors

4.8 Stars
4.8/5
161
Reviews

REQUEST A FREE CONSULTATION

Please enable JavaScript in your browser to complete this form.
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