You've been hurt on the job, and now your boss tells you that you can't get medical treatment because you are not an "Employee." You might be tempted to believe your boss and try to find help elsewhere, but don't give up yet. Just because your employer says you are an independant contractor doesn't mean you are not an employee.
In North Carolina, Misclassification Fraud is widespread. Misclassfication Fraud takes place when an Employer treats their Employees as Independant Contractors, which allows them to avoid a host of responsibilities, including paying taxes and having workers compensation insurance.
When Employers wrongly classify their workers as Independant Contractors, they often get away with not paying medical benefits their injured workers deserve. According to the News & Observer, Misclassification Fraud "gets employers off the hook for basic protections, including the minimum wage, overtime pay, worker's compensation, health and safety protections and unemployment insurance."
The News & Observer recently wrote about the problem of Missclassification Fraud, and how the North Carolina General Assembly has again failed to enact laws to help protect North Carolina workers who have been burned by Misclassification Fraud. You can access that article at News & Observer.
If your employer has told you that you don't qualify for medical benefits, or for payment while you are out of work because you are not an employee, you may want to get a second opinion. An experienced workers compensation attorney can tell you whether you have been missclassified and help you get the benefits you deserve. If you have a question about your on the job injury, contact John or Christian at (704) 377 5050 to find out more.