For someone interested in workers’ comp law-this is an interesting case. Grad assistants at the University of Missouri argued that they should be considered employees of the university-the University argued that they were just students. The Western District Court of Appeals ruled that grad assistants are-in fact-employees.
Regardless of how an employer chooses to classify a worker, in Alabama a person will generally be deemed your employee for workers’ compensation purposes if the employer directs them in what and when you perform your job duties.
Whether you receive a 1099 or W-2 is not determinative.
Alabama’s Workers Compensation Statute defines an employee/worker as “every person in the service of another under any contract of hire, express or implied, oral or written….” The number of hours you work each work is only relevant in determining your average weekly wage. As long as the injured worker can show that (i) they were hurt at work, (ii) that their employer has 5 or more regular employees, (iii) that they were hurt at work while performing their job duties and (iv) that they provided timely notice of being hurt at work to their employer, then they have a valid workers comp claim and are entitled to all right provided by the Alabama Workers Compensation laws.
If you were hurt on the job and you have questions about your right to Alabama Workers’ Compensation benefits, please don’t hesitate to call and speak to one of the experienced Alabama Job Injury Attorneys at Powell and Denny today.
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