Category: Employee Rights

Worker misclassification is an issue in many industries, but it is especially prevalent in the construction industry. Misclassification is more than just a clerical error; it takes away the rights of the worker and is a serious legal issue. It is important for workers to understand this issue so they can fight back if they believe their employer has failed to properly classify their work status.

What do I need to know about worker classification in the construction industry?

Recent research shows that there were an estimated two million construction workers in the United States that were either paid off the books or wrongly classified in 2021. But what exactly does this mean? Employers generally have two options when it comes to worker classification: employee or independent contractor. It may not seem like a big deal at first glance, but there is a significant difference between the two. An employee receives benefits that an independent contractor does not. These include overtime, unemployment insurance taxes, and even workers’ compensation benefits which are particularly important in the construction industry.

Why are workers’ compensation benefits important in the construction industry?

Workers’ compensation benefits are important in the construction industry due to the inherently high-risk nature of the work environment. These benefits provide financial support and medical care to workers who suffer injuries or illnesses as a result of their job duties. By helping injured workers receive timely medical treatment and compensation for lost wages, workers’ compensation helps maintain the financial stability of employees and their families during recovery periods.

These benefits also encourage safer workplace practices by holding employers accountable for maintaining a safe working environment. This not only protects workers but also enhances overall productivity and morale within the industry.

What is the difference between an employee and an independent contractor?

In its simplest definition, an employee performs services for an employer under the employer’s control while an independent performs work for a business but is under their own control. In Iowa, courts will take all evidence of the degree of control the employer has over the work into account when determining whether a worker is an employee or independent contractor. These reviews generally include two considerations:

1. Right to control. As it sounds, this review looks into who has the right to control the work done and how it is done, the employer or the worker?
2. Right to terminate the position. The courts will also review the ability of an employer to discharge a worker at will and without cause. Is the position relatively permanent or short term?

The exact determination will depend on the details of the case, but a common scenario can provide further guidance. A common sign that a worker is an employee is if the employer provides tools and equipment with clear expectations on how to get the job done.

What if I am an independent contractor?

Independent contractors in dangerous lines of work, such as construction, are wise to consider additional insurance protection. This can provide a financial safety net in the event of a serious injury.

What should I do if I believe I am misclassified?

Those who believe they are employees wrongly classified as independent contractors can challenge their classification status by gathering evidence that supports their claim. This can include pay stubs, tax forms, work schedules and timesheets as well as communication records with supervisors. It is important to move forward with such a claim, especially for those at high risk of injury like in the construction industry. This is because employee status offers significant benefits in terms of injury protection. Employees are entitled to workers’ compensation, which covers medical expenses and lost wages. In contrast, independent contractors must secure their own insurance for protection.

Construction workers are wise to understand the basic distinction between classification as an independent contractor and an employee. Those who can recognize misclassification can take appropriate action to help better ensure they receive the coverage they are entitled in the event of an on-the-job accident.

If you’ve been injured in an accident and are recovering, one of the biggest stressors can be pressure from your employer to return to work. Maybe it’s subtle nudges like “We’re shorthanded” or “We really need you.” 

Other times, it may be more direct, like a request for a return date, even though you’re still under a doctor’s care. So, what are your rights here? Can your boss legally make you go back to work before you’re ready? And what’s at stake if you give in to the pressure? 

Your right to heal

First and foremost, your employer cannot legally force you to return to work before you’ve been medically cleared to do so. If you’re on workers’ compensation or short-term disability leave, returning too soon can jeopardize your health and legal protections. Your recovery timeline should be based on your doctor’s recommendations—not your employer’s needs. 

Unfortunately, many workers feel stuck between doing what’s best for their health and keeping their jobs. You may worry that refusing to come back early could lead to retaliation or lost income. However, your employer pressuring you to return to work prematurely can violate labor laws, workers’ compensation rules and even the Americans with Disabilities Act (ADA). 

The pressure to “tough it out”

The pressure to return to work before you’re fully healed is real—and often comes with guilt trips or even veiled threats. You might hear things like: 

• “You’ve been out long enough.”
• “If you don’t come back soon, we’ll have to replace you.”
• “The team is struggling without you.”

This kind of pressure is not just unfair—it’s dangerous. Returning too soon can worsen your injury, extend your recovery or even cause permanent damage. Worse, it could also affect your workers’ compensation benefits. If you go back too early and then need additional time off, your insurer may argue that you’ve already reached “maximum medical improvement” and deny further coverage. 

While it’s understandable that your boss wants to keep operations running smoothly, that doesn’t mean you should sacrifice your recovery to meet their timeline. If you feel pushed to return to work before you’re truly ready, enlist legal guidance to help you stand firm. Rushing your return can hurt both your physical recovery and your legal rights. 

In our experience as work comp attorneys, we know that injured workers don’t always know and understand their rights when they become injured. We have found that many clients worry about whether their employer can retaliate against them if they file a workers’ comp claim. Some common questions about employer retaliation include:

• Can my employer fire me for filing a work comp claim?
• Can they cut my pay?
• Can they demote me?
• Can they change my job responsibilities?
• Can they discipline me?

Under Iowa Workers’ Compensation law, employers cannot punish employees for filing work comp claims. Injured workers have a right to make a work comp claim to receive compensation for their medical bills, expenses, etc., and employers have a responsibility to allow those claims without retaliating against the employee. Unfortunately, many employers don’t always know or follow the law. They wrongfully terminate injured workers or try to get away with paying as little as possible to them. That is one reason why employees should seek legal representation when they get injured at work.

If you feel that your employer has retaliated against you because of a work comp claim, you can take legal action. You will want to contact us and talk to a specialized workers’ compensation attorney for assistance in determining the best course of action.

Learn About Iowa Workers’ Compensation Law

Knowing your rights as an injured worker is an important step in protecting yourself when you’re injured on the job. Be smart and advocate for yourself by learning all you can about Iowa Workers’ Compensation—ideally, before you become injured.

Here are a few Workers’ Compensation rules you should know:

• Workers’ Compensation still applies, even if the accident is your fault. Learn more
• You can still claim Workers’ Compensation for a work injury, even if your employment ends. Learn more
• You should report a work injury within 90 days — the sooner, the better. Learn more

If you do get injured at work, follow these four steps, and contact an experienced work comp attorney for help navigating your work comp claim. The attorneys at Wertz Law want you to get the proper medical treatment and compensation for your on-the-job injury. We also want to help you through any legal action if your employer retaliates against you for filing a Workers’ Compensation claim. Contact us for a consultation.

Under Iowa law, the employer and their insurance company select your doctor for your injury.  While some of those doctors treat workers well, many will err in the company’s favor.  The company doctor is frequently pressured by the employer, insurance company, and nurse case manager, to return you to work as soon as possible.  This is often before you have had much time to heal or recover.  Certainly, there are cases where a quick return to work is in an injured worker’s best interest.  However, there are many times when returning to work too early will prolong your injury, and cause you greater pain and symptoms.  This situation is very common and very complex.

First, you should try to explain to the company doctor your concerns.  Again, some of them will listen.  If the doctor still wants you to return to work, explain the parts of the job that worry you the most.  Explain that you are worried about working a full-duty schedule.  The doctor will often place you on light duty, and may even reduce your work schedule to two (2) or four (4) hours per day.  This will allow you to try to return to work, with less risk to your health.  If you are experiencing a high level of pain or symptoms, and the company doctor will not listen, contact the experienced attorneys at Wertz Law Firm.

Iowa is what is known as a “no-fault system.” Under this type of system, the issue is not whether the employer or you or some combination of both were “to blame” for your injuries. The only issues are whether your injury arose out of and in the course of your employment. Indeed, even if your injury is brought about by your own unsafe practices, such as lifting a box in the wrong way, or failing to use a safety guard on a power tool, workers’ compensation benefits are available under our law. While there are certainly exceptions for individuals who are engaged in intentional and irresponsible conduct, or those who are intoxicated or intentionally hurt themselves, the general rule is to compensate people no matter what the circumstances or reasons for the injury.

To be determined that your injury is compensable, the Iowa Supreme Court has consistently held, “The injury must not have coincidentally occurred while at work, but must in some way be caused by or related to the working environment.” Stated another way, the Court had indicated the employee ‘need only show that the injury occurred as a result of a condition or requirement of the injured worker’s employment.” This requirement is not restrictive and is intended to provide benefits to injured workers in almost all situations.

Indeed, the Iowa courts have allowed compensability for an injured worker who missed a step coming downstairs at her employer’s, fell and was injured. The Iowa Supreme Court held that the injured worker was required to be on the staircase as part of her employment. Being on a staircase which caused her to fall down the staircase increased the risk of her injury. The Court held that this injured worker was entitled to workers’ compensation benefits because her employment placed her in a position that had increased the risk of her injury.

Iowa law is expansive and is interpreted to allow injured workers to obtain benefits as often as possible. If you have any questions regarding whether you may have a workers’ compensation claim, you should contact an attorney who has a high level of experience in analyzing and trying workers’ compensation cases.

Generally, if an individual is an “independent contractor” and they suffer from an injury on the job, that contractor is responsible for maintaining their own workers’ compensation insurance. Frequently, employers will hire individuals as “independent contractors” to perform work as employees. This formal classification allows employers to have certain tax advantages and may relieve them of the responsibility of purchasing workers’ compensation insurance to cover “employees.”

Just because you may be classified as an “independent contractor,” does not mean that you necessarily are. There are a host of factors that can impact whether a person is, in a legal sense, an independent contractor vs. an employee. Generally, independent contractors are hired to perform one task or project. Independent contractors have control over when the project is completed and how the work will be performed. They are also usually paid by the project, rather than by the hour. If you are supervised by a general contractor who directs the work you perform, tells you when to show up and when to leave, or otherwise acts like a “boss,” you may actually be considered an “employee” under Iowa’s workers’ compensation laws. This is true even if you have a contract that declares you to be an independent contractor.

If you suffer from an injury at work but are told that you are not covered because you are an independent contractor, do not just take their word for it. If there are factors that suggest you are being treated as an employee while you worked, you may be entitled to workers’ compensation benefits from the “general contractor.” A knowledgeable workers’ compensation attorney can help you sort through these issues. Cedar Rapids workers’ compensation attorneys are available to discuss any questions you may have about your injury. Contact Wertz Law Firm for a free consultation.