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Archive for the ‘Independent Contractor’ Category

Illinois Bill Proposes Same Pay and Benefits for Temp Workers

March 15th, 2017 at 11:31 am

Illinois workers attorney, Illinois workers comp lawyer, Small businesses and family run businesses have exploded over the last couple of years. In many ways, that is a wonderful thing. There is one caveat though: small businesses often turn to temp workers when they are not quite ready to hire new employees but need some extra help. Since temp workers do not often receive the same pay or benefits (including access to workers’ compensation), this can place temps and their families at risk. A newly introduced bill is hoping to change all of that.

The Responsible Job Creation Act

Expected to improve the benefits and working conditions for nearly one million temp workers throughout the state of Illinois, the Responsible Job Creation Act could introduce as many as 30 new types of worker protection. This would include equal pay for direct hires, improved safety provisions, measures to protect them from discrimination, and protection from retaliation when they file a complaint or suit against the business. It was sponsored by State Representative Carol Ammons and is being pushed by the Chicago Workers’ Collaborative (CWC) and Warehouse Workers for Justice (WWJ).

How the Act Would Improve Working Conditions

Although temporary workers are supposed to be short-term, many end up working the same hours and often longer duration than some of the company’s direct hires. Yet they are often paid less than direct hires and are unable to receive promotions. Those who suffer discrimination or abuse in the workplace also struggle to prove their case; they also run the risk of losing their position if they speak out against an employer or its employees.

Safety is yet another serious concern for temporary workers. Many are not adequately trained, and if they are injured, they may be unable to pursue compensation from the employer through workers’ compensation. Add in their lack of health insurance benefits and there is a serious risk for financial devastation among temporary workers.

Because temporary employees would be provided the same benefits as direct hires, and because the employer knows they must offer workers’ compensation to those who are injured, they may be far more likely to ensure temp workers are adequately trained for the jobs they are given. This could potentially improve safety on the job and reduce their overall risk of injury (which is notably higher than it is for direct hire employees).

Injured as a Temp? You May Still Have Options

Despite what you may have told, there are options that allow at least some temp workers the ability to pursue compensation after an injury on the job. It is not traditional and is considered a highly complex matter, but the opportunity is still there. The Law Offices of Francis J. Discipio can examine your case and help you navigate the process. Schedule a consultation with our Chicago workers’ compensation attorney to learn more. Call 630-574-2288 today.

 

Source:

http://inthesetimes.com/working/entry/19885/illinois_bill_would_give_temp_workers_equal_pay_and_rights_as_direct_hires

Independent Contractor vs Actual Employee

January 30th, 2015 at 11:59 am

independent contractor or employee, Illinois workers compensation lawyerMore and more companies are hiring independent contractor to perform the work that was once done by regular employees. This is done to cut down on costs. By hiring a contractor, the company avoids having to pay for health insurance, payroll taxes, unemployment insurance, workers’ compensation insurance, and other employee costs dependent on what the company offers or is required to cover an employee for.

If an employee is injured on the job, they are covered by the company’s worker’s compensation insurance and receive compensation for medical expenses and lost wages. They may even be entitled for monetary compensation for their injuries based on the severity of the injury. Typically, if an independent contractor is hurt on the job, they are not covered under workers’ compensation and would not be entitled to any of the same compensations an employee is covered under.

The hiring of independent contractors has become somewhat of a gray area and in many situations, just because an company has labeled someone an independent contractor, under state or federal laws, they may actually be considered an actual employee and entitled to all the same benefits employees of the company receive.

Under Illinois law, there is a list of criteria that determine whether a person performing work for a company is an employee or independent contractor. These factors include:

  • Is the person required to follow the company’s instruction?
  • Did the company provide training to the person to perform the work?
  • Does the company require the person perform the work themselves or can they assign it to others?
  • Does the company set the person’s hours and/or is the person required to work full-time?
  • Is the person paid by the hour (or week) or are they paid once the job is complete?
  • Is the person reimbursed for travel or other business expenses?
  • Did the company provide tools and/or materials necessary for the work to be done?
  • Is there are a contract between the person and the company or are they able to terminate the relationship at will?

If you are an independent contractor and received injuries while working, do not assume that you are not entitled to workers’ compensation because of your employee classification. Contact an experienced Oak Brook workers compensation attorney to discuss your case and determine what compensation you may be legally entitled to.

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