Avoiding Misclassification in Pennsylvania

Helping Pennsylvania Employers Understand Proper Employee Classification

In Pennsylvania, employers are not required to carry workers’ compensation insurance for workers who are classified as independent contractors. They are also not required to provide independent contractors with the same benefits they provide to their employees, such as health insurance, paid vacation time, and sick leave.

Sometimes, employers mistakenly misclassify workers because they are unfamiliar with state laws regarding employee classification. Other times, employers intentionally misclassify workers as independent contractors to avoid having to pay for insurance or employment benefits.

If you have been misclassified as an independent contractor, you may be missing out on important benefits to which you are entitled. For example, if you are injured at work, but are classified as an independent contractor, you may not receive workers’ compensation benefits for your work-related injury. At Larry Pitt & Associates, P.C., we can help you determine whether you should be classified as an employee, so you can get the workers’ compensation benefits you deserve.

What is an Independent Contractor?

Under Pennsylvania law, there is a presumption that workers are employees. A written agreement is not enough on its own to establish a worker’s status as an independent contractor; the Pennsylvania Workers’ Compensation Board will consider a variety of factors in determining whether a worker is an independent contractor or an employee.

According to the Pennsylvania Department of Labor & Industry (DOL), to be classified as an independent contractor, a worker must be:

  • free from control or direction over the performance of their services, and
  • customarily engaged in that type of work through an independently established trade, occupation, profession, or business.

Workers who perform services in the construction industry, for example, must have a written contract to perform their services, in addition to the two requirements listed above. Generally, independent contractors provide services without being under the direction of their employer. They act freely and independently as opposed to employees, who are under the direction and control of their employers.

Also, independent contractors typically use their own equipment to complete their work and receive payment by the job – whereas employees typically receive a salary or hourly wage, and are provided the necessary equipment to complete the job by their employer.

Another distinguishing factor is the character of the work involved. Independent contractors typically provide highly skilled work for more than one company, whereas employees are typically trained and employed by a single company.

What to Do if You Believe You Were Misclassified

Misclassification not only results in lower tax revenues, unemployment insurance, and workers’ compensation funds to federal and state governments; it also denies misclassified workers benefits and protections to which they are entitled, such as:

  • minimum wage
  • overtime compensation
  • family and medical leave
  • unemployment insurance
  • safe workplaces

The Pennsylvania DOL provides an online Worker Misclassification Inquiry form. Workers who believe they have been misclassified may fill out and submit this form to alert the government to a possible misclassification. It is also important for workers who believe they were misclassified as independent contractors to contact a qualified workers’ compensation lawyer who can ensure their rights are well-represented.

Philadelphia Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C. Help Misclassified Workers Get the Benefits They Deserve

If you believe you were misclassified as an independent contractor, or you were injured at work but denied workers’ compensation benefits based on your classification as an independent contractor, contact a Philadelphia workers’ compensation lawyer at Larry Pitt & Associates, P.C. We can help you determine whether you should be classified as an employee, so you can start receiving the workers’ compensation benefits you deserve. We proudly represent clients throughout Pennsylvania, including Berks County, Bucks County, Chester County, Delaware County, Montgomery County, and Philadelphia County. To discuss your case, call us at 888-PITT-LAW or complete our online contact form.

Our legal team provides skilled representation to those residing in and around Abington, Ambler, Ardmore, Bala CynwydBensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester and Wynnewood.

Testimonials

“They Go Above and Beyond”

The staff of Larry Pitt & Associates cannot be more helpful when going through a tremendously tough time. They are there for you and have answers for you before you even ask. They go above and beyond and are always on top of their game. Their time, consideration and professionalism are more than anyone can ask for. Highly recommend them and their services they provide!

Terri Delaney

hreview
5.0
2018-12-10T13:17:05+00:00

Terri Delaney

The staff of Larry Pitt & Associates cannot be more helpful when going through a tremendously tough time. They are there for you and have answers for you before you even ask. They go above and beyond and are always on top of their game. Their time, consideration and professionalism are more than anyone can ask for. Highly recommend them and their services they provide!

“Best Worker’s Compensation Law Firm in Pennsylvania”

If you're in need of a Worker's Compensation lawyer, do not doubt that Larry Pitt and Associates is the Best Worker's Compensation Law Firm in Pennsylvania

Ryan Hoffman

hreview
5.0
2018-11-16T18:57:03+00:00

Ryan Hoffman

If you're in need of a Worker's Compensation lawyer, do not doubt that Larry Pitt and Associates is the Best Worker's Compensation Law Firm in Pennsylvania

A friend recommended Larry Pitt and associates to me after being hurt at work.

A friend recommended Larry Pitt and associates to me after being hurt at work. They were incredibly compassionate and handled my case professionally with an outstanding outcome.

D.R., client

hreview
5.0
2018-11-16T16:12:21+00:00

D.R., client

A friend recommended Larry Pitt and associates to me after being hurt at work. They were incredibly compassionate and handled my case professionally with an outstanding outcome.

“Thank you for being so professional..”

"Thank you for being so professional in the way you and your staff handles my case. I am a little late showing my appreciation, but thank you so much. If I ever need someone to represent me again, you would be the ones!"

Annette P. Walls

hreview
5.0
2018-11-16T15:51:00+00:00

Annette P. Walls

"Thank you for being so professional in the way you and your staff handles my case. I am a little late showing my appreciation, but thank you so much. If I ever need someone to represent me again, you would be the ones!"

“I want to thank you for your excellent representation”

"I want to thank you for your excellent representation of me and keeping your word. You asked me to hold on and things would be resolved in the Spring, and they were. Ariana’s graduation was beautiful and I was able to give her everything I wanted, including her class ring.

Also and not forgotten, Luba! She was so patient and attentive to me even when I was hysterical. Ha! Ha!"

Dierdre P.

hreview
5.0
2018-11-16T15:49:51+00:00

Dierdre P.

"I want to thank you for your excellent representation of me and keeping your word. You asked me to hold on and things would be resolved in the Spring, and they were. Ariana’s graduation was beautiful and I was able to give her everything I wanted, including her class ring. Also and not forgotten, Luba! She was so patient and attentive to me even when I was hysterical. Ha! Ha!"

“Thank you so much for hearing my cry for help!”

"Thank you so much for hearing my cry for help! You have always been there and I feel very comfortable with this Firm. It is wonderful people like you that makes me feel so Proud of Larry Pitt & Associates. Once again Thank You!"

John Rodriguez

hreview
5.0
2018-11-16T15:49:08+00:00

John Rodriguez

"Thank you so much for hearing my cry for help! You have always been there and I feel very comfortable with this Firm. It is wonderful people like you that makes me feel so Proud of Larry Pitt & Associates. Once again Thank You!"

“I want to thank you for representing me and for everything you guys have done for me.”

"I want to thank you for representing me and for everything you guys have done for me. I am extremely happy with the outcome-especially since my boss didn't show up at the final hearing. Thanks for your patience and understanding and most of all-compassion. I truly appreciate all your help."

Jennifer Kitz

hreview
5.0
2018-11-16T15:48:34+00:00

Jennifer Kitz

"I want to thank you for representing me and for everything you guys have done for me. I am extremely happy with the outcome-especially since my boss didn't show up at the final hearing. Thanks for your patience and understanding and most of all-compassion. I truly appreciate all your help."

“Life is much more than business. But, business is about relationships..”

"Peace & blessings to you, sir. With a lot of prayers for you and your family. Life is much more than business. But, business is about relationships. Mr. Pitt, I honor ours. Please sir, let’s keep in touch from time to time."

Salin Muhammed

hreview
5.0
2018-11-16T15:46:15+00:00

Salin Muhammed

"Peace & blessings to you, sir. With a lot of prayers for you and your family. Life is much more than business. But, business is about relationships. Mr. Pitt, I honor ours. Please sir, let’s keep in touch from time to time."

“I was very nervous going into this lawsuit but they made me feel very confident.”

I was very nervous going into this lawsuit but they made me feel very confident. I dealt with the lawyers and Phyllis - they were all great! My phone calls were returned in a timely manner, they were very professional, and they were also very realistic about my case. They settled my case and I am very pleased with the outcome. I would absolutely recommend Larry Pitt and Associates to others!

M.W., Client

hreview
5.0
2018-11-16T15:35:54+00:00

M.W., Client

I was very nervous going into this lawsuit but they made me feel very confident. I dealt with the lawyers and Phyllis - they were all great! My phone calls were returned in a timely manner, they were very professional, and they were also very realistic about my case. They settled my case and I am very pleased with the outcome. I would absolutely recommend Larry Pitt and Associates to others!

“I worked with Murphy and was very satisfied with how my case was handled.”

I worked with Murphy and was very satisfied with how my case was handled. They were great! I had an auto accident and was very pleased with the service I received from Larry Pitt and Associates. They are very professional. I am very happy with my settlement and I would definitely recommend this firm to family and friends.

Anonymous, Client

hreview
5.0
2018-11-16T15:35:09+00:00

Anonymous, Client

I worked with Murphy and was very satisfied with how my case was handled. They were great! I had an auto accident and was very pleased with the service I received from Larry Pitt and Associates. They are very professional. I am very happy with my settlement and I would definitely recommend this firm to family and friends.
5
10

Contact Larry Pitt

  • This field is for validation purposes and should be left unchanged.