Common Reasons insurance companies deny Claims

Only employees can receive workers' compensation benefits. Sometimes, employers will attempt to claim that the employee is actually an independent contractor and therefore not entitled to file a workers' comp claim. 

The success of this defense hinges on whether the "independent contractor" is truly an independent contractor or if they are actually an employee disguised by the employer as an independent contractor. 

The easiest way to make the distinction between independent contractor and employee is to look to the employer's control over the time, manner, and methods of the job to be completed. The more control the employer exercises over these factors, the more likely there is to be a finding of an employer/employee relationship.

Here are some questions you can ask to determine how much control the employer has:

Is the job you are doing part of the employer's regular business or is it an additional service? If it is a regular part of the business, employee is most likely.

Does the employer supply the tools necessary to perform your job or do you supply your own tools? If the employer supplies the tools, employee is most likely.

Does the employer tell you when you can start and end your day or do you make your own schedule? If the employer determines the schedule, employee is most likely.