Why Misclassification Matters For Workers’ Compensation

After a workplace injury, many employees expect to file a workers’ compensation claim to cover medical expenses and lost wages. But what if your employer says you are not an employee at all? Misclassification is a serious issue in Maryland, and it can have a direct impact on your right to workers’ compensation benefits.

Fortunately, there are steps you can take to protect your rights. A seasoned Baltimore personal injury lawyer can help you prove your true employment status and fight for the benefits you deserve.

How Misclassification Happens

Employers sometimes misclassify workers as independent contractors to cut costs. Unlike employees, independent contractors are not entitled to overtime, unemployment insurance, or workers’ compensation coverage. In some cases, this misclassification is intentional. In others, it may result from confusion about the law.

The reality is that simply calling someone an independent contractor does not make it so. Maryland law looks at the actual relationship between the worker and the employer, not just the title in a contract or paycheck.

If you are misclassified as an independent contractor, you may be denied access to workers’ compensation benefits after an on-the-job injury. That could mean paying out of pocket for medical care and losing income while you recover.

The good news is that the Maryland Workers’ Compensation Commission evaluates whether a worker is truly an employee, regardless of the label the employer uses. Factors they may consider include:

• Does the employer control how, when, and where you perform your job?
• Tools and equipment. Does the employer provide the tools, materials, or workspace?
• Work relationship. Is the work ongoing and integral to the business, or project-based and independent?
• Payment structure. Are you paid hourly or on salary, rather than per project or by invoice?

When these factors show that you function as an employee, you may be entitled to benefits even if your employer calls you a contractor.

Challenging a Position and Protecting Your Rights

Should you be in a situation where you believe you’ve been misclassified, you don’t have to accept your employer’s word as final. For one, you can file a workers’ compensation claim with the Maryland Workers’ Compensation Commission. Part of proving your case will likely include providing evidence about your job duties, schedule, payment methods, and the level of control your employer exercises.

Being denied workers’ compensation because of misclassification can feel overwhelming, especially when you’re recovering from an injury. But Maryland law is designed to look beyond labels and protect workers who are, in practice, employees. That’s why it’s important to work with a Baltimore personal injury lawyer who knows how to argue employee status and challenge a misclassification.

Is your employer’s definition of your work status complicating your access to workers comp benefits? If your employer has called you a contractor but you believe you are an employee, don’t face this fight alone. The workers’ compensation attorneys at Iamele & Iamele, LLP can present your case, respond to employer objections, and help you appeal if necessary. Contact us to book a confidential appointment.