Construction injuries Covered by Oklahoma Workers Compensation depend on your status as an employee or an independent contractor. If you suffer injuries while working on a construction site, the contractor, through his workers compensation insurance, may be responsible for your medical expenses and certain disability payments owed to you. In Oklahoma, its often a question of if you carry the label of employee or an independent contractor. This makes all the difference in determining if Oklahoma workers compensation will cover the construction workers injury. For example, in the 2014 Carbajal v. Precision Builders, Inc. case the Oklahoma Supreme Court reversed a decision labeling an employee as an independent contractor. During this decision, the Court identified many factors delineating “independent contractor” from “employee”. In essence the Court informed us that an Independent contractor cannot file for workers compensation and set out certain factors determining who is an independent contractor.
Factors of Employee vs. Independent Contractors:
Construction Injuries Covered by Oklahoma Workers Compensation depends on certain other conditions. Generally, to recover damages from an employer in Oklahoma, you must be an employee. This is why proving that what may appear as an independent contract is actually employment is vital. The following are some criteria to define employee vs. independent contracting:
- The contract is written.
- The employer has a large degree of control over the details of the work.
- The work is supervised.
- The contractor supplies the tools and place of employment.
- Method of payment.
- Length of Employment.
- The parties perceive the relationship as a master-servant relationship.
There are more factors to consider, but these are some of the more important points. If you can prove you are an employee instead of an independent contractor, then you are entitled to file under the States workers compensation insurance. This allows you to collect medical expenses and certain temporary and permanent disability payments for your on the job injury.
Let Our Work Injury Attorneys Help You:
Unfortunately, Construction injuries under Oklahoma Workers Compensation insurance is a highly controversial topic. Legal expertise is invaluable in fighting against losing your benefits because of a misnomer. Our workers compensation attorneys in Oklahoma understand that injuries on the job site are more than an inconvenience, but also affect your livelihood. Let us work quickly to assure you receive the medical treatment and disability payments you deserve while recovering from your construction site workers compensation injury. Our first consultation is free so call 918.743.2233 or review our Tulsa lawyers blog for more workers compensation law news in Oklahoma.
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Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of workers' compensation attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.