Every month, a reader asks one of our sponsor legal experts about a work-related issue. These building trades law professionals respond in an Organized Labor exclusive. This month’s expert is Jonathan Davis of the Arns Law Firm.
My cousin was working as an independent contractor and was injured on the job. What are his options?
More and more companies are trying to make workers be “independent contractors” to avoid paying benefits, and providing Workers’ Compensation. If a worker is performing the core function of the company or their work is “controlled” by whoever hired him, for example a carpet installer working for a carpet company, then he is probably an employee entitled to workers compensation benefits and not a true independent contractor. There are many areas of law that may affect your cousin’s right to workers’ compensation benefits, a third party lawsuit if his employer does not have workers compensation insurance and possible claims for overtime, unpaid expenses and mileage. Your cousin should contact an attorney who can advise him on all of these issues.
-Jonathan Davis, Founder of The Arns Law Firm, San Francisco, CA
For more information on work-site accidents and
your legal options, visit the ARNS Website.
“Interaction via “Ask the Expert” does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results.”
This Month's Expert; Jonathan Davis
Jonathan Davis is a Partner of the Arns Law Firm with a stellar trial record and day to day responsibility for case management, strategic vision and tactical implementation. He is always available work with clients on the small details in their cases and has also argued before the Supreme Court of California. Jonathan is rated "AV Preeminent" by Martindale-Hubbell, the highest rating possible for both legal and ethical standards, is a Northern California Super Lawyer and has been recognized by The Best Lawyers in America. Jonathan has dedicated his working life to representing working people. Prior to becoming an attorney, he was an International Representative and National Field Director for the Amalgamated Clothing and Textile Workers’ Union. After representing workers in arbitrations throughout the West, Jonathan joined The Arns Law Firm and dedicates himself to representing injured workers and their families devastated by catastrophic injuries as well wage and hour and consumer class actions. Jonathan is bilingual in Spanish and is past Chairman of the non-profit affordable housing organization the African American Construction Workers Association (AACWA). Jonathan currently serves on the Board of Directors of the Local 261 Community Service and Training Foundation and is a former member of the Board of Governors of the Consumer Attorneys of California.