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Bar News - May 23, 2008

“Independent Contractor” Sues for Workers’ Comp.

According to an April 10 article in the Nashua Telegraph, the NH Labor Department is joining forces with four other state agencies, including the attorney general’s office and the Department of Revenue to examine the growing trend of companies’ hiring of "independent contractors" that would normally be considered employees.

The article cites the example of carpenter Celso Mena, who fell six feet from a piece of scaffolding at a construction site and nearly severed his left foot. When the man tried to collect worker’s compensation, he was denied, since he was classified as an independent contractor. The Department of Labor, however, decided that Mena should have been entitled to employee benefits since, by many accounts, the duties of his job were normally deemed to be those of an employee and not an independent contractor. Mena will receive 60 percent of his salary until he recovers.

Read the full article on the Bar’s website.

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