Independent Contractor or Employee? Why It Matters in a Maryland Workers’ Compensation Claim

Here’s the problem: you get hurt while working, but your employer says you’re an independent contractor, not an employee. That one label can mean the difference between getting your medical bills covered or being left to deal with them alone. If you’re not sure where you fall, you’re not alone. The truth is, employers don’t always get it right, sometimes by mistake, sometimes not.

If you’ve been injured on the job in Maryland, our Maryland workers’ compensation attorney explains how your work classification affects your right to file a claim. The wrong label doesn’t mean you’re not eligible for workers’ comp, but it may mean you need to challenge it.

When Maryland Employers Say “Contractor,” But the Work Says “Employee”

Not everyone who’s called an independent contractor legally qualifies as one. In fact, Maryland law looks at how the work is done, not just what’s in your contract. Many workers are misclassified and don’t even realize it until they’re hurt and their benefits get denied.

When deciding whether someone is an employee or an independent contractor, here’s what the Maryland Workers’ Compensation Commission (WCC) considers:

• Does your employer tell you how, when, and where to work?
• Are you using their tools or your own?
• Are you paid hourly, on salary, or per job?
• Do you set your own hours, or are you expected to follow theirs?
• Is the work you do a core part of their business?
• Can either side end the relationship at will?

Even if you got a 1099 or work “gig-style,” you may still be legally considered an employee and entitled to workers’ comp benefits in Maryland.

Injured On The Job In Maryland and Misclassified As An Independent Contractor?

Being told you’re ineligible for benefits doesn’t mean your claim ends there. You have the right to push back, especially if the facts suggest you’re more than just a contractor.

Workers’ comp in Maryland isn’t just for full-time office staff. If you’re doing work under someone else’s control and get hurt doing it, you may still have a case. Steps to take if your classification is disputed:

• Request a hearing before the WCC.
• Gather documentation showing how you performed your work, such as emails, schedules, and pay stubs.
• Get medical care and document your injury from day one.
• Talk to witnesses, coworkers may help confirm how your job worked day-to-day.
• Consult an experienced Maryland workers’ compensation attorney before accepting a denial as final.

Getting the classification wrong isn’t just frustrating; it can cost you your recovery. Fortunately, you don’t have to take your employer’s word for it. The law looks at the facts.

Denied Benefits? Contact Our Experienced Maryland Workers’ Compensation Attorney

If you were injured on the job and told you’re not eligible for benefits, don’t walk away without checking your rights. At Berman, Sobin, Gross, Feldman & Darby LLP, our experienced Maryland workers’ compensation attorney knows how to challenge misclassification and can fight for the benefits you may still be owed. Contact our office today to request a consultation.

Sources:

wcc.state.md.us/gen_info/wcc_benefits.html

labor.maryland.gov/labor/wagepay/wpindcont.shtml