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Can Your Employer Deny Your Claim by Calling You an Independent Contractor?

Experienced NYC | Brooklyn | Queens | Bronx Workers’ Compensation Attorneys

Can Your Employer Deny Your Claim by Calling You an Independent Contractor?

One of the classic ways in which an employer or a workers’ compensation insurance company will attempt to deny coverage for an injury is to allege that you weren’t really an employee, you were an independent contractor. They’ll allege that you were your own boss, that you had your own business, that their coverage is only for employees and that you should have had your own policy of workers’ compensation insurance.

This type of response is typical for a wide array of jobs, from sales to construction to landscaping. There are, however, specific tests to determine whether you are an independent contractor or an employee. It’s not necessary that you be on the company’s payroll, that the company withhold taxes for you, or that you have an office at the company’s location. Here’s a case we handled that involved this issue.

Our client was a food cart vendor in New York. He was operating his cart one day when a motorist backed into him, injuring both legs. When he sought workers’ compensation benefits, the insurance company and the employer rejected his claim, saying that he was not technically an employee. We interviewed him and learned about all of his connections with the company. We also talked to other vendors who worked with the same company. Based on our investigation, we were able to successfully argue that he was an employee and obtained benefits for him.

Can Your Employer Deny Your Workers’ Compensation Claim by Calling You an Independent Contractor?

Queens | Brooklyn | NYC | Bronx Workers Compensation Attorneys

At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys



About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.

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