An injured worker, considered a contractor but considered an employee by WorksafeBC, will at least result in a retroactive payment of unpaid premiums, interest and fines. Additional exposure may include increased future premiums, legal costs and reputational effects. The tool includes four questions that determine whether an individual is a contractor or whether further assessment is required. Just follow the instructions and keep in mind that while every effort has been made to ensure confidence in such an assessment, this tool cannot provide security. Below is a list of general distinctions between the two categories. You will see that independence and self-regulation are largely in favour of the independent contractor. The information on this page is intended to help distinguish the independent contractor from the employee. The rating agency provides the following in the form of a « non-exhaustive guide ») to determine whether the responses better reflect a service contract (salary) or a service contract (contracting): any negative decision by the Canada Revenue Agency that a worker treated as a contractor is actually a « worker » is supported by the department. Independent contractors are paid directly through creditors and do not have workday access. The judicial or arbitrary finding that a laid-off contractor was a worker could lead to the negative conclusion that the legislative norms were violated, resulting in rights for independent contractors, who are by definition themselves employers. If a worker is not properly identified as a worker, the employer may be required to pay unpaid wage deductions in addition to significant penalties, interest and legal fees. Determine whether a workforce is an independent contractor or an employee. A finding requires a thorough consideration of a large number of factors and each situation requires without exception its own independent assessment.
Determining whether a worker is an independent contractor or an employee is a challenge for directors and lawyers.