Working on a freelance or contract basis comes with perks; however, you may not always get the job-related protection and compensation you need. When you are hurt on the job and want to know if you qualify for a settlement by filing a personal injury or workers’ comp claim, calling a seasoned lawyer may be in your best interest.
Shook & Stone has extensive experience demystifying the rules regarding independent contractors and workers’ compensation in Las Vegas. Our fierce attorneys empathize with the frustration you may feel when you get hurt while working and your employer says you do not qualify for financial relief. We have the tools to thoroughly research, assess, and prepare creative and agile legal arguments to help you get financial restitution—whether through a no-fault work injury claim or a fault-based lawsuit.
What Is the Difference Between an Independent Contractor and an Employee?
Understanding the distinction between a freelance worker and a traditional employee can equip you with the tools to determine your legal options. According to Nevada Revised Statutes § 608.010, a traditional employee is someone who works for a company based on the terms of an employment contract, which can be in writing or based on an understanding between those involved.
In contrast, as outlined in Nev. Rev. Stat. § 608.0155, determining if someone is an independent contractor requires an examination of a range of factors. For instance:
- Does the person have and use their own taxpayer identification number?
- How much control does the worker have over how they complete their assigned tasks?
- Can the person work for competing agencies in the same industry as the company they work for?
- Do they—rather than their employer—need to carry a special license to do business with the company?
The court may also consider criteria such as the timeframe the person has for turning in projects and whether they are a licensed subcontractor or contractor to determine a worker’s relationship with the company.
Our Las Vegas attorneys at Shook & Stone regularly take on job-injury cases and understand the differences between independent contractors and regular employees. They are also familiar with the many tactics used by employers and insurance companies—such as wrongly classifying their staff—to avoid the responsibility of paying an employee a fair settlement for getting hurt at work.
Do Freelance Workers Get Compensation for Job-Related Injuries?
In many situations, being a contractor may leave you ineligible for benefits under the work-injury system, which is reserved for traditional employees. However, just because the company you do projects for says you are a freelance worker does not mean that is how the law defines you. In other words, if a thorough look at the factors—like the level of control you have over your tasks and deadlines—results in you being classified as an employee in the eyes of the law, you may qualify for relief.
But, even when your employer correctly defines you as a freelance worker, experiencing a job-related injury may entitle you to benefits under a different system—for example, Nevada’s personal injury laws. Instead of using the fault-free regulations, you would need to prove that your employer or a third party—such as a negligent driver—was responsible for the harm you suffered.
In order to effectively pursue legal action in this situation, you should make sure to file your lawsuit before the appropriate statute of limitations expires, while also gathering enough evidence to prove another person or institution is to blame for your injuries. When you are a casualty of a work injury in Las Vegas, a dedicated Shook & Stone lawyer could help you understand and protect your rights, regardless of whether you are an independent contractor or a regular employee.
Speak With Shook & Stone’s Fierce Advocates of Injured Freelance Workers in Las Vegas
When you experience a job-related injury from a car crash, fall, or forklift, getting sufficient and timely financial and medical support is essential. However, unless you are a trained attorney, you may find it difficult to understand the legal landscape surrounding independent contractors and workers’ compensation in Las Vegas. For traditional employees, receiving benefits may require them to file a fault-free claim, but freelance workers may face additional hurdles.
At Shook & Stone, we are proud to fight for independent contractors in a personal injury lawsuit, champion their rights in a workers’ comp case, and advocate for them as they apply for Social Security benefits. To find out how our legal professionals could help you, reach out to our firm today to schedule a free, no-obligation consultation.
