Misclassification of employees in relation to Virginia Workers’ Compensation occurs when an employer hires a worker and inappropriately classifies the employee as an independent contractor versus a regular full time employee.
Independent contractors are usually considered in business for themselves and control their work process, whereas an employee’s workload and how it’s completed is determined by the employer.
When a worker is misclassified they can’t be eligible for certain benefits, such as:
- Virginia Workers’ Compensation;
- social security benefits; and
- health insurance.
Many employers illegally use the misclassification of employees as a way to avoid paying for insurance for workers. An employer who misclassifies their workers could face federal fines and legal actions. Get help from a Virginia Workers’ Compensation attorney if you become the victim of employer fraud.
It’s important to be aware of the misclassification of employees in your current job or when looking for a potential employer. If you’re considering a job where you’ll be hired as an independent contractor you should ask why your employer wants to classify you in this way and what the day-to-day work activities will be.
Do some research to find out if a position like this is typically hired as an independent contractor. If something seems strange, you should contact a Virginia Workers’ Compensation attorney to report any misconduct or possible fraud such as misclassification of employees that caused you to miss out on legal benefits. By seeking help from a Virginia lawyer, you can have help on your side when you file a claim against the company in question.
Contact an Virginia Lawyer about Your Work-Related Injury Claim
When you have difficulties with your work-related injury claim, a Virginia workers’ comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.