Legal Question in Workers Comp in Pennsylvania
Independent Contractor vs. Employee?
I am a truck driver that was injured on the job. The Company has paid all surgery and medications, along with TTD checks for over two years. I could only run for the company, company name on the truck, company uniforms, used only company employees, but signed a Truckers Service Agreement to be paid commision which is higher than hourly wage. Had company credit card, fuel and repairs paid by company and deducted from my commision, and I had to pay the employees and give them a list of who and how much. Question: Am I an employee or a contractor?
1 Answer from Attorneys
Re: Independent Contractor vs. Employee?
the question of whether one is an EE or IK'er is subject to the, "right to control" test.
your ER controlled your jobs and when and where you worked; in addition to the indicators which you mention, you probably have other indicia of statutory employment.
ERs and their insurance carriers often try to wriggle free of paying lump sum settlements or any WC at all - by hiding behind the Independent contractor veneer. pierce that veil.
Good Luck
TV
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