Does an employer have to pay workers’ compensation benefits to an independent contractor injured on the job?
This is a bit of a trick question. The short answer is no. If a worker is correctly classified as an independent contractor, the worker is not a “covered employee” under the Maryland Workers’ Compensation Act and the employer is not liable for the worker’s on-the-job injuries. However, as we often blog, the classification of independent contractors is tricky business and if the employer gets it wrong and misclassifies the worker, it may be responsible for the worker’s injuries under at least two different scenarios according to a recent decision by the Maryland Court of Appeals in Elms v. Renewal by Anderson.