Proving Employment in Order to Collect Benefits

Workman’s compensation insurance dictates that any business that retains five or more employees carry workman’s compensation insurance with some exceptions.

Two_roofers_at_workFor certain types of industry where the risk of injury is high, like trucking and construction, they will try and circumvent that law by hiring either independent contractors or people who are willing to work without any formal agreement. That way, if the worker is injured on the job it is their responsibility to pay for any medical care, plus they will not be entitled to their lost wages.

Establishing an Employer/Employee Relationship

A St. Louis work injury attorney can help an employee in these types of situations. Despite a lack of formal paperwork, there could be other evidence that proves an employer/employee relationship. If your claim is being denied and your employer is even disputing the fact that you work for him, seek legal representation in order to help you find the evidence you need to prove them wrong.

When There is No Formal Work Contract

A Hispanic construction worker injured in a fall off of a roof attempted to claim compensation through his employer. Even though there was no formal work contract in place, and no pay stubs to prove employment, the contractor’s use of the employer’s credit card was evidence enough for an administrative judge to find that there was indeed an employer/employee relationship. Hiring people who are unable to provide the proper documentation to work is seen often with construction companies as a way to cut costs. Despite the legal status of these employees, they are still entitled to receive compensation for their injuries.

The Complication of Jurisdiction

It is important to note that further complications can arise with construction company cases over jurisdiction. While your employment may have begun in Missouri, the accident could have occurred on a site in neighboring Illinois. This is another complication that could delay you receiving compensation unless you get help from a Missouri workman’s compensation attorney. They will be able to look over your case to determine where your appeal should be filed.

Employees in the trucking industry face the same challenges. Large trucking companies may avoid documenting you as a regular employee in order to dodge a workman’s compensation claim if you are injured in an accident. This coupled with the fact that a truckers injury is very likely to be sustained outside of the state where he is employed makes filing a claim difficult. Receiving compensation for medical care that was given out of state will not be easy.

Hired As an Independent Contractor

Being employed as an independent contractor should not mean you are solely responsible for an injury in the event of an accident. If your claim is denied, ask a St. Louis work injury attorney to review your case and work history to determine if there is an implied employee contract and if you should be compensated by the employer. The trucking and construction industries pay some of the highest insurance premiums so it is no surprise that they will try and cut corners by denying that you are even under their employment.  Call The Law Office James M. Hoffmann at (314) 361-4300 for a free consultation.

Workers Compensation Claim

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Updated: November 11, 2019