Truck drivers who are injured on the job and who aren't sure whether they would be entitled to workers' compensation benefits need to figure out if the law will consider the driver as an owner/operator, or whether the driver will be considered an employee of the trucking company. These determinations are made by the courts on a case-by-case basis. Here are some of the considerations courts look at in determining whether a person is an owner/operator:
- Do you lease the truck from the trucking company? Was the lease payment deducted from your weekly pay?
- Did you sign an independent contractor agreement?
- Tax forms: Do you receive a Form 1099 at the end of the year rather than a Form W-2?
- Are you responsible for insuring it?
- Were you given the option of carrying workers' compensation insurance on yourself versus occupational accident insurance?
- Can you purchase the truck after a period of time?
- Does anyone else operate the truck but you?
- Do you use that truck to work for other employers?
- Are you responsible for other expenses related to the truck?
If you answered "yes" to several of the questions above, there is a strong possibility you will be considered an owner/operator and not an employee under the Missouri Worker's Compensation law. If you are a truck driver and you aren't sure of your status, give us a call and we will be happy to discuss the matter.