Independent Contractor Status in the
  Construction Industry

During the 1996 legislative session, language was inserted into the Minnesota workers' compensation law (Chapter 176), which set out who will be considered an independent contractor in the construction industry for purposes of coverage under the workers' compensation law. This language was effective on July 1, 1996.

The language (Minnesota Statutes Section 176.042) applies only to independent contractors doing commercial or residential building construction or improvements in the public or private sector. If an individual is not in the construction industry, the existing criteria in Minnesota Rules Chapter 5224 should continue to be consulted to determine whether an individual should be classified as an independent contractor for workers' compensation purposes.

Under the new law, independent contractor status will be conferred if the individual, as described above, meets all nine of the following conditions. If any one of the conditions are not met, the individual will be an employee for purposes of workers' compensation requirements. The individual is considered an independent contractor if the individual:

For further information, contact the Minnesota Department of Labor and Industry at (651) 284-5019 or 1-800-342-5354


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