It can be more difficult to distinguish between an employee and an independent contractor than one would initially think. This is exacerbated by the fact that some independent contractors only work for a single employer. Our team of Michigan workers compensation lawyers can tell you that there is a big difference in the way that contractors and employees are treated when injured on the job. It is essential to know if you are classified by the state as an employee or contractor. This makes a huge difference in the way that worker’s comp cases are handled, and employees are usually entitled to benefits such as worker’s comp and unemployment insurance. Contractors are not usually eligible for these benefits, and knowing your status is essential in the event of an emergency. Employees are usually distinguished by the fact that they do not control their hours or the jobs that they complete.
In the state of Michigan, an independent contractor is a person who maintains a distinct business entity that is separate from where they injury occurred. The independent contractor must offer their services to the general public. There needs to be some type of supporting evidence that is used to differentiate between an independent contractor and an employee. Employees cannot be called independent contractors simply because it benefits a business. Furthermore, a worker is an employee if they only work at one place of business that is controlled by the company. This is in spite of the fact that there may have been verbal agreements made that would make this otherwise.
Michigan law clearly states that a person who is in the services of another is an employee. Three conditions can also help distinguish an employee under Michigan law. If a person meets the following three conditions, then they are an employee in the eyes of Michigan:
1. The person does not maintain a separate business.
2. The person does not offer their services to the general public.
3. The person is not an employer that is accountable to the Michigan state worker’s compensation act.
The Clark Law Office has been providing quality service and accurate worker’s compensation claim in Michigan for more than 30 years. We have a track record that speaks for itself, and we routinely handle successful cases for our clients. Our services are based on a contingency, and there is no fee unless we are successful in your case.
If you have been injured on the job, contact our team today for a free initial consultation.