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Hurt at work but told that you are not an employee? Don’t Give Up

Two years ago we shared a post which stated that, “according to the U.S. Department of Labor, approximately 30 percent of companies misclassify at least some employees. In total, about 42.6 million employees may be misclassified right now. The IRS and the Department of Labor have launched a campaign to root out these employers.” Alabama initiated their own investigation last month and more States are doing the same.

Misclassifying employees to save money in payroll taxes, workman’s compensation premium and to avoid legal liability affects us all adversely, but it not only hurts workers and their families, but it hurts us all-as the attached article shows.

In the last 4 years, there have been more than 60 crashes involving Amazon delivery drivers that resulted in serious injuries, including 10 deaths. Amazon states that the drivers aren’t their employees-they are independent contractors.  As “independent contractors,” Amazon doesn’t have an employer-employee relationship and they try to avoid legal liability for the actions of said independent contractors (who drive an Amazon van, wearing Amazon shirts, going where they are told to go and when….).

In Alabama, regardless of how an employer chooses to classify a worker, 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.  If you have been hurt at work, but then told that you are not ‘technically” an employee and therefore are not entitled to Alabama workers’ compensation benefits, don’t give up.

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 with one of the experienced Alabama Job Injury Attorneys at Powell and Denny today.

Powell and Denny: We Work When You Can’t

Offices located in Birmingham, AL and Huntsville, AL

 

Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 5 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.

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  • Birmingham Office
    1320 Alford Avenue
    Suite 201
    Birmingham, Alabama 35226
    Phone: 205-978-2051
    Fax: 205-978-2054
  • Huntsville Office
    600 Boulevard South
    SW Suite 104
    Huntsville, Alabama 35802
    Phone: 256-705-3510
    Fax: 256-705-3513

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