Lately, some businesses in the state of New York have been hiring workers as independent contractors, not as employees in order to avoid providing benefits for these workers, including workers compensation benefits.
Robert Golan, PC, a worker’s compensation lawyer serving the areas of Long Island, Nassau County, Queens and Suffolk County, represented a massage therapist who worked for a local hospital doing therapeutic massages for patients. This hospital wanted to pay her as an independent contractor so they made her sign an Agreement stating that she is an independent contractor.
Argument for Workers Compensation Benefits
Our argument to the Judge was that despite the Agreement, she is an employee under the law because the hospital established her hours, her pay, as well as her schedule, and she used the hospital’s equipment, supplies and facilities to perform her job duties. In fact, the injury occurred as a result of tripping over a wire in one of the hospital’s massage rooms causing her to fall and severely injure her shoulder.
In the initial hearing. the Judge ruled that she is an independent contractor but the firm appealed this decision and got it reversed by the Appeal Court. The massage therapist is now receiving workers compensation benefits to cover her medical treatment and necessary medical supplies for her recovery, as well as receiving weekly monetary benefits as she recovers from her injury.
“This ruling is important because it helps define the differences between an employee and an independent contractor in the eyes of an employer,” said Robert Golan, PC. “Businesses and organizations who control aspects of the employment situation such as compensation, hours and working conditions should not be allowed to deny workers–who are really employees in the eyes of the law–the benefits they’re entitled to.”
Do You Have Workmans Comp Questions in Queens, NY?
Contact Robert Golan, PC. He will answer them for you and provide information about your options. Give us a call at 516-586-3910 to discuss your case, or complete our simple, online contact form to receive a free case evaluation.Share This