Workers Compensation: Establishing the Employer-Employee Relationship

In Missouri, like other states, only employees are entitled to workers compensation benefits. As a general rule, independent contractors are not covered under Workers Compensation Law because they are not deemed “employees” under the statute. Depending upon the nature of the job and the relationship between the parties, it is not always easy to distinguish an employee from an independent contractor. There must  be an employer-employee relationship in order for a worker to be eligible for workers compensation benefits. 

The pivotal question in determining the existence of an employer-employee relationship in the context of workers' compensation is whether the employer had the right to control the means and manner of the service, as distinguished from controlling the ultimate results of the service. Courts look to a variety of factors to determine if a right to control exist and will assess: (1) the extent of control, (2) the actual exercise of control, (3) the duration of the employment, (4) the right of  discharge, (5) the method of payment, (6) the degree to which the alleged employer furnished equipment, (7) the extent to which the work is the regular business of the alleged employer, and (8) the employment contract.

If you were hurt on the job and are not sure whether you qualify for benefits, you should consult an experienced workers compensation attorney to hear about your recovery options.

Contact an Experienced Workers Compensation Lawyer

The St. Louis Workers Compensation Lawyers at Roskin & Hoffmann, LLC have nearly 50 years of combined Work Comp experience and we have handled some of the most complex Workers Comp cases throughout Missouri. If you have been  injured at work, call our knowledgeable attorneys at (314) 821-9013 or send us a Workers Comp question. We look forward to helping you. All communications are returned promptly.

Workers Compensation Lawyers at Roskin & Hoffmann, LLC based in St. Louis, Missouri have nearly 50 combined years of work comp experience. Call our attorneys today.