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I’m a contractor and I was injured on the job. Can I still get Virginia workers’ compensation benefits for my injury?

Well, the answer to this question depends on the very specific circumstances of your case. Virginia workers’ compensation laws define who is determined to be an employee of a company and who is considered to be an independent contractor. However, just because you are labeled an independent contractor does not make you one under workers’ compensation. The deciding factor is the degree of control the employer has over the worker. A significant amount of control means you are probably an employee; very little to no control means you are probably an independent contractor.

Independent contractors usually have to purchase their own workers’ compensation insurance if they want worker’s comp coverage. Generally, the business that hires the contractor is not responsible for providing work comp insurance in most situation. Employees of independent contractors may be covered for a workers’ compensation injury if the independent contractor has more than three (3) employees and, therefore, is required by law to provide workers’ compensation insurance coverage.

There are many variables in a workers’ compensation claim if you are hurt on the job as an independent contractor or employee of an independent contractor. These kind claims can become very difficult to navigate as you try to determine which party is liable for covering your injuries through their workers’ compensation insurance. Being injured at work is traumatic enough without having to worry about what your rights are and whether you are getting the benefits you deserve, therefore, it’s highly advisable that you contact an experienced work comp attorney today to assist you with your workers’ compensation matter. An experience work comp attorney can ensure that you, your employer (if applicable), and its insurance company are taking all the proper steps when making a claim, because if all injuries are not listed when you initially file a claim, you may not receive the full benefits you deserve.

We’re your Work Comp experts

Have you been injured on the job or contracted an illness due to an unhealthy work environment? If so, then the Norfolk workers’ compensation attorneys at Kalfus & Nachman PC can help you file your lawsuit. There are several laws that can effect on the outcome of your case, so it’s extremely important to have a workers' comp lawyer on your side to assist you through the entire process. Get help with your workers’ compensation lawsuit. We specialize in workers’ compensation and help employees who have been injured within the State of Virginia. Contact us today by calling (855) 880-8163.

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