If an injured worker is found to be an employee, then they are entitled to receive workers’ compensation benefits. However, if an injured worker is found to be an independent contractor, then they are not entitled to receive workers’ compensation benefits. Iowa Code Section 85.61(11) defines an employee as someone who has entered into the employment of or is working under a contract of service, express or implied, for an employer.
Where the employer-employee relationship is in dispute, the worker has the initial duty to prove by a preponderance of the evidence that they were an employee within the meaning of the law. If the worker can establish a prima facie case that they were an employee, then the burden shifts to the Defendant to rebut the presumption that the worker was an employee.
Determining whether or not a worker is an employee relies on analyzing multiple factors. No one factor is controlling. The factors are: