Colorado Workers Compensation Act sets out certain criteria to that must be met to show that the employer does not have the right to control the person providing services.
The information below is information that Pinnacol Assurance will use in determining whether a independent contractor is an employee or a independent contractor:
The individual is not required to work exclusively for the employer.
The employer has not established a quality standard for the person providing services except for plans and specifications.
The employer does not pay the service provider on an hourly basis or provide a salary instead of a fixed or contract rate.
The employer cannot terminate the individual performing services during the contract period unless the service provider violates the terms of a contract or fails to produce a specified result.
The employer does not provide more that minimal training
The employer does not provide tools or benefits to the service provider except for material and equipment.
The employer does not dictate the time of performance except for a completion and to negotiate the mutual agreeable hours.
The employer does not pay the service provider personally but instead makes payment to a trade or business name.
The above defines a large portion of what Pinnacol or other work comp carries will look at when deciding on independent status. If you are uncertain on the status of your contractor contact StaffScapes for further review. The information given in this blog does not reflect what the Department of Labor and the IRS view as to whether or not the provider is an employee or a independent contractor.