Do independent contractors get workers compensation in NY?

Let’s discuss how our experienced trial lawyers at Cass and Peters have successfully proven an employer-employee relationship, even when clients were initially classified as independent contractors, securing benefits for those injured on the job.

Under New York’s Construction Industry Fair Play Act (enacted in 2010), workers in the construction industry who were injured on or after October 26, 2010, are presumed to be employees unless they meet strict criteria proving independent contractor status. For employers to claim a worker is an independent contractor, the worker must be free from control, perform services outside the employer’s usual business, and operate in an independent trade. However, our firm has demonstrated in many cases that clients initially classified as independent contractors were, in fact, employees entitled to workers’ compensation.

The same is true under the Commercial Goods Transportation Industry Fair Play Act, which governs truck drivers. Drivers are presumed employees unless they meet similar standards of autonomy. Our attorneys are well-versed in applying these tests and the necessary legal arguments to prove worker misclassification before the Workers’ Compensation Board.

Beyond construction and transportation, workers in other industries may also qualify for workers’ compensation, despite being labeled independent contractors. We have extensive experience in proving that such workers were misclassified, securing the benefits they deserve.

At Cass and Peters, our experienced trial lawyers are ready to guide you through your workers’ compensation claim, representing you before the Workers’ Compensation Board and fighting for your rights. Contact us today to discuss your case.