Am I am an employee or independent contractor?

Am I am an employee entitled to Maryland Workers Compensation?

When a person wants to file a Workers Compensation Claim, the first question is: am I an employee or an independent contractor?

In order to receive Workers Compensation Benefits, you have to be an employee, not an independent contractor, nor a casual employee.

Cornblatt, Meredith and Sevel, in their book Workers Compensation Manual, MICPEL, 13th Edition, 2007, p. 5, explain that the Maryland Court of Appeals has found some factors to determine the existence of an employer – employee relationship  See for example,  Whitehead v. Safway Steel Prods. Inc, 304 Md.2d 67 (1985) and Edith A. Anderson Nursing Homes, Inc v. Walker, 232 Md.442 (1963)

Here are some of those factors according to :

  1. The selection and engagement of the servant;
  2. The payment of wages;
  3. The power of dismissal;
  4. The power of control over the servant’s conduct;
  5. Whether the work is part of the regular business employer;
  6. Whether the parties believed they were creating the relationship of master and servant;
  7. Whether the work is usually done, in the environment, under the direction of the employer or by a specialist, without supervision; and
  8. The skill required in the occupation.

Cornblatt, Meredith and Sevel, Workers Compensation Manual, MICPEL, 13th Edition, 2007, p. 5

The “decisive test in determining whether the relation of employer and employee exists is whether the employer has the right to control and direct the employee in the performance of the work and in the manner in which the work is done,” Mackall v. Zayre Corp, 293 Md.221, 230 (1982).

If there is a dispute, the Workers’ Compensation Commission, at a hearing before a Commissioner, can decide if you are considered an employee, an independent contractor or a casual employee.