Are you an employee or an independent contractor? There are fine lines between both of these and a company must make certain they that they are treating you as one or the other. There are several statutes that will be mentioned below that can help clear up any confusion as to which one you may be.
However, if you have been injured while doing work for a particular company, whether you are an employee or an independent contractor, you are entitled to fair workers compensation.
According to Colorado statute 40-11.5-102 subsection 5, paragraph A states specifically:
“Any lease or contract executed pursuant to this section shall provide for coverage under workers’ compensation or a private insurance policy that provides similar coverage.”
“Similar coverage” is further defined in paragraph B as “…benefits offered by such insurance coverage shall be at least comparable to the benefits offered under the workers’ compensation system.”
There are 9 factors in Colorado’s revised statute 8-40-202 subsection 2 that guide a company to know whether they are treating the worker as an employee or independent contractor.
- Does the employer make them work specifically for them? If so, that is an employee
- Does the employer pay the individual or the business a check? If individual, they are being treated as an employee.
- Does employer specify exactly what you must do like they are your boss? That is being treated like an employee.
- Are you being paid hourly or at a contract rate? A contract rate is what an independent contractor should be paid.
- Can the employer terminate the services of the worker at any time? If so, you are being treated as an employee.
- Does employer provide you benefits and all tools necessary for the job? You are being treated as an employee.
- Does employer dictate the exact time you must be there? That is an employee.
- Does employer provide excess training? That is an employee.
- Does employer combine business operations with you? That is an employee.
Many Colorado trucking companies use independent contractors for various reasons, with the main being they can avoid paying state and federal taxes, social security, unemployment insurance, benefits and workers compensation insurance. However, regardless of which one you are, if you are an injured trucker, do not accept an employers’ explanation that you are not entitled to full Colorado on the job injury benefits.
Read our article – Colorado Workers’ Compensation Protection for Injured Truckers – or watch this video from the Colorado Division of Workers’ Compensation for more information.
Colorado attorney for injured truck drivers R. Mack Babcock is well versed in handling cases of this nature. The Babcock Law Firm has succeeded in obtaining benefits for every truck driver workers’ compensation case it has taken on, even when the injured truckers had been told by other attorneys they had no case.