Idaho Law Blog
By Fred Lewis and Mallory Mitton
Sometimes so called “independent contractors” can successfully bring worker’s compensation claims.
The 2016 Idaho Industrial Commission decision Youren v. Treasure is an interesting case that examines whether the claimant is an employee or an “independent contractor”. Under Idaho law, employees injured in work related accident are “entitled to medical, temporary disability, and permanent impairment benefits as well as attorney fees, costs, and penalties” while independent contractors are not entitled to those benefits.
In order to determine whether a claimant is an independent contractor or an employee, the Idaho Supreme Court has set out a four part test:
- Direct evidence of whether the would-be employer assumes the right to control the time, manner, and method of performing the work
- Payment and method of payment
- Furnishing major items of equipment
- The right to terminate the employment relationship at will and without liability
In Youren v. Treasure, Cole Youren rode Paul Treasure’s racing horses every day and was paid per ride. In 2013, Youren was riding one of Treasure’s mares when the mare “reared up, flipped over, and landed on Claimant’s right thigh, fracturing his femur”. The Commission stated in the decision that “the evidence supporting both parties’ positions is closely balanced” but ultimately decided that the Claimant was indeed an employee at the time of the accident. They awarded him all of the Idaho worker’s compensation benefits he was entitled to as dictated by Idaho worker’s compensation laws.
So even if you have been told you are independent contractor by your employer(even if you signed an agreement stating such), you may still able to bring a successful worker’s compensation claim. An experienced Idaho worker’s compensation lawyer will be able to advocate your claim using the four part test and help you get the benefits you need. Call we can help.