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When Your Employer Tries to Claim that You Are an Independent Contractor

When you’ve been hurt on the job and the facts appear to clearly show that it was a work-related injury, it can come as a shock when your employer or the workers’ compensation insurance provider deny or reject your claim. One of the common arguments is that you weren’t really an employee, but an independent contractor operating your own business, and accordingly required to have your own workers’ compensation coverage. You don’t want to simply accept that allegation, even if there are components of your job that give you some independence from your employer. There are a wide range of factors that are considered when determining your employment status—you want an experienced attorney to evaluate your situation and help you seek workers’ compensation benefits, when appropriate.

Consider a case we litigated a few years ago. We represented a street cart vendor in New York City. You’ve seen them all over town, selling just about anything you can imagine. If anyone was an independent contractor, it would seem that these workers would qualify. The man we represented had been hit by a car and sought workers’ compensation benefits from the company that provided him with his cart and his product. The company denied the claim, saying that he worked for himself and they were just a vendor. As we investigated the claim, we found more and more facts that were consistent with an employment relationship and not an independent contractor arrangement. Ultimately, we were able to prove to the Workers’ Compensation Board that he was an employee and he received workers’ compensation for his injuries.

When Your Employer Tries to Claim that You Are an Independent Contractor

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

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, 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.