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North Carolina Work Comp Cases Holding That A Claimant Was An Employee And Not An Independent Contractor

An operator of a service station was held to be an employee when he operated his service station for the defendant on a commission basis, being required to keep the business open at certain hours, being told to whom to give credit, and being under the control of the president of the defendant company.

A delivery man for an ice company was considered to be an employee when the defendant furnished a horse and wagon and all necessary equipment. He knew the deceased obtained a load of ice for which he was charged. It was sold at the defendant’s regular retail price and the worker was credited with the amount unsold at the end of the day.

A painter was held to be an employee when the evidence showed that the defendant directed the plaintiff’s work, hired his helpers and purchased his supplies.

The lesson to be gotten from this section is simply that the injured employee should not accept the employer’s contention that he or she is an independent contractor. Just because an employer says that the injured worker is an independent contractor, does not mean that that they are not an employee entitled to full workers’ compensation benefits. Independent contractors are not covered by the workers’ compensation law and therefore receive no benefits. It is therefore important for the injured worker to be classified as an employee.

If an employer claims that the injured worker is an independent contractor, the worker should retain an experienced workers’ compensation attorney immediately. These issues are too complex to be handled by the worker without a lawyer. The issue is too important for the worker to give up on and the claim should be pursued even though there is a contention that the worker is an independent contractor.

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