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Workers’ Compensation

Philadelphia Employee Misclassification Lawyer

If you were hurt on the job and your employer says you are an independent contractor with no workers’ comp, do not take that as the final word. Many Philadelphia workers are wrongly labeled as contractors to cut costs, and Pennsylvania law looks at how you actually worked, not the label on your paycheck. The team at Lerner, Steinberg & Associates fights to prove employee status and recover the Philadelphia workers’ compensation benefits injured workers are owed.

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✓ 34+ Years Experience
✓ Workers’ Comp + Personal Injury
✓ No Fee Unless We Win
✓ Available 24/7

⚠ Time-Sensitive, Pennsylvania Law Limits Your Window to File

Even if you were called a contractor, you have 120 days to report a work injury and 3 years to file a claim. Do not let a wrong label run out your clock.

34+ years standing up for injured Pennsylvania workers. We challenge misclassification and fight denied claims. No fee unless we win.

Misclassification and Your Right to Workers’ Comp

Pennsylvania requires almost every employer to carry workers’ compensation insurance for its employees. To avoid that cost, some employers wrongly classify workers as independent contractors, often handing them a 1099 instead of a W-2. When one of those workers is injured, the employer or its insurer denies the claim by saying the worker was never an employee at all.

That denial is frequently wrong. Under Pennsylvania law, your job title and the paperwork you signed do not decide whether you are an employee. What matters is the reality of the working relationship. If you functioned as an employee, you may be entitled to full workers’ comp benefits no matter what your employer called you.

A 1099, a signed “independent contractor” agreement, or being paid in cash does not automatically make you a contractor. If you were hurt, report the injury in writing and call us before you accept any denial.

How Pennsylvania Decides If You Are an Employee

Pennsylvania courts look past the label and weigh the real facts of the relationship. The most important question is how much control the employer had over your work. Judges also consider a range of practical factors, including the following.

  • Who controlled how, when, and where the work was done
  • Who supplied the tools, materials, and equipment
  • How you were paid, and whether taxes were withheld
  • Whether the employer could fire you or end the arrangement at will
  • Whether your work was a regular part of the employer’s business
  • The skill required and whether you worked for others

No single factor decides the case. Our attorneys gather the evidence, such as pay records, texts, schedules, and job assignments, that shows you were treated as an employee in everything but name.

The Construction Workplace Misclassification Act

Misclassification is so common in construction that Pennsylvania passed a specific law to address it, the Construction Workplace Misclassification Act. Under this law, a construction worker is presumed to be an employee unless strict conditions are met, and employers who misclassify workers can face penalties. For injured Philadelphia construction workers who were handed a 1099, this law is a powerful tool for establishing the right to benefits.

Industries Where Misclassification Is Common in Philadelphia

We see wrongful classification across many Philadelphia industries, including construction and the trades, delivery and gig work, trucking and warehousing, home health care, landscaping, and staffing-agency placements. These are physically demanding jobs where injuries are common, which makes the denial of benefits especially harmful. Wherever you work, if you were hurt and told you are not covered, it is worth having a lawyer review your status.

What to Do If You Are Hurt and Called a Contractor

Protect yourself the same way any injured worker should. Get medical treatment right away, report the injury to the company in writing even if they say you are not covered, and keep every document that shows how you actually worked. Then call a workers’ compensation lawyer before you accept a denial. The sooner we get involved, the more evidence we can preserve to prove your employee status.

Deadlines Still Apply, Even If You Were Misclassified

Being labeled a contractor does not stop your workers’ comp deadlines from running, so acting quickly is critical.

  • 120 days to report your injury. Notify the company in writing within 120 days. Reporting within 21 days lets benefits start from the date of injury.
  • 3 years to file a Claim Petition. If your claim is denied because of your classification, you have three years from the date of injury to file a formal claim and fight the denial before a judge.

You can review the state’s official program through the Pennsylvania Department of Labor and Industry. If your claim was already denied, learn more about how we handle denied claims.

Why Choose Lerner, Steinberg & Associates?

For more than three decades, Mike Lerner and Ben Steinberg have handled workers’ compensation and injury cases for people across Philadelphia, and they work on every misclassification case personally. You deal directly with an attorney, never a case file. They know the tactics employers use to dodge coverage, and they know how to prove the truth of the working relationship.

We work on a contingency basis, so you owe no fee unless we win. If you were hurt on the job in Philadelphia and told you are not covered because you are a contractor, contact our office for a free consultation and an honest review of your claim.

Frequently Asked Questions

Can I get workers’ comp if I am a 1099 contractor?
Possibly. A 1099 does not decide the question. Pennsylvania looks at how you actually worked, and many workers given a 1099 are legally employees entitled to workers’ comp. We review the facts of your job to determine your true status.
My employer says I am not covered. Is that true?
Not necessarily. Employers and insurers often deny claims by calling injured workers contractors. That denial is frequently wrong. Do not accept it at face value, report your injury and have a lawyer review your classification.
What is the Construction Workplace Misclassification Act?
It is a Pennsylvania law aimed at misclassification in construction. It presumes construction workers are employees unless strict conditions are met and penalizes employers who misclassify them, which helps injured construction workers establish their right to benefits.
What if I signed an independent contractor agreement?
Signing an agreement does not automatically make you a contractor. Pennsylvania courts look at the real working relationship, not just the paperwork. If you were treated like an employee, you may still be covered despite the agreement.
Will I have to pay anything up front?
No. We handle misclassification and denied-claim cases on a contingency basis, which means you pay no attorney fee unless we recover benefits or a settlement for you. Your first consultation is always free.

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Hurt on the job and told you are not covered in Philadelphia? Call us and we will review your status honestly. No fee unless we win.

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Key Deadlines

120 days to report your injury to your employer
21 days to report for benefits from the injury date
3 years to file a Claim Petition

Signs You May Be Misclassified

  • Paid on a 1099 or in cash
  • Employer controls your schedule and work
  • You use the company’s tools and materials
  • You work mainly for one company
  • Your work is part of its core business