Generally speaking, the Virginia Workers’ Compensation Act (the Act) only applies to employees. If workers are truly independent contractors, they typically do not enjoy the protection of the Act. For this reason, many employers insist that workers sign “contracts” agreeing they are independent contractors (and thus not entitled to workers’ compensation benefits). This is especially common in the trucking industry. It is also popular among unscrupulous employers who want to avoid the cost of purchasing workers’ compensation insurance, since only those with three or more employees regularly in service in Virginia are required to carry such coverage.
However, such agreements are just one of the factors courts consider when resolving employee/independent contractor disputes. Whether an injured worker really was an employee or an independent contractor at the time of his accident depends primarily on the level of control the employer exerted over the means and methods by which he performed his duties. The more control the employer exerted, the more likely it is that the worker was an employee under the Act, regardless of the label the employer attached to him. For this reason, never assume you have no remedy for a workplace injury because you signed an “independent contractor agreement” at the time of your hiring. Instead, consult with an experienced workers’ compensation lawyer who knows the laws inside and out. Attorney Craig Brown has been litigating claims on behalf of Virginia’s injured workers for over 35 years and knows his way around invalid independent contractor defenses. Call him today.
The Law Office of Craig A. Brown — representing workers’ compensation claimants in Prince William, Manassas, Manassas Park, Arlington, Alexandria, Fairfax, Loudoun, Fauquier, Front Royal, Stafford, Culpeper, Fredericksburg, and Spotsylvania.