What are Independent Contractors?

In contrast to an employee, an independent contractor enters into an agreement with an employer while still maintaining their original "methods and processes" in terms of how they operate. They are not obligated to any requirements other than what is specified within the contract that was drawn up and signed by both sides.

These may include individuals such as construction workers, electricians, or builders. In general according to tort law, an employer may not be pursued as liable for negligence on the part of the independent contractor as they are not, essentially, their actual employee.

Despite the presence of such a distinction, tort law does present exceptions where the employee may not escape due process. These include when the independent contractor has caused harm to a party not directly involved in the proceedings. In a case such as this, the hiring party may be held liable for failure to practice care and discretion in the choosing of a "competent and careful" independent contractor.

In addition to this would be circumstances in which the independent contractor acted with the "negligently given" orders set forth by the hirer. Two other important distinctions exist, which hirers of independent contractors would do well to know as concerning tort law. Entities may be held liable when the action deficient is one that is "integral to the Principal's business." An example of this would be that a law firm be held liable for negligence due to its failure to provide a service despite its use of an independent contractor.

Also, those taking on independent contractors are presumed to be well aware of risks, which the work they are seeking to be completed, possess. Due to this, they will be pursued as is in reference to that of vicarious liability. Though the identification of independent contractors seems to be a straightforward process, some find it quite difficult such as in terms of the medical field. Due to this, we will touch upon certain qualifications, which will help make the decision of whether or not you are hiring an independent contractor or an employee.

These include: the power able to be imposed upon their work, the individuals involvement in distinct work, adequate supervision, competency required, use of own resources, time of contract, compensation plan, work being a custom to practice, the intention of parties involved, and the presence of benefits. You will be able to determine the distinction depending on replies to each qualification. Knowledge of the presence of an independent contractor will be worthwhile in also, then, being aware of the laws you must abide by according to tort law.

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