Independent contractors often wonder if they can get workers’ compensation after getting hurt on the job. In Illinois, workers’ compensation laws usually cover employees, but independent contractors face more challenges when trying to get these benefits. Understanding the requirements helps contractors know their rights and options.

Determining employment status

Illinois law distinguishes between employees and independent contractors. Employers control how employees work, while contractors have more freedom. This difference matters because only employees can file for workers’ compensation. Courts look at factors like who controls the work, how payment occurs, and the type of job to determine a worker’s status.

Misclassification can affect claims

Sometimes, employers misclassify employees as independent contractors to avoid paying workers’ compensation. Injured workers who think they were misclassified can challenge it. The Illinois Workers’ Compensation Commission reviews the case and decides if the worker qualifies as an employee. If the commission finds that the worker is an employee, they qualify for benefits.

Exceptions and legal options

Some exceptions allow independent contractors to qualify for compensation. If a contractor’s work is similar to that of an employee or if the employer exerts significant control, a claim may be possible. Contractors can also file a personal injury lawsuit against a negligent third party, which differs from a workers’ compensation claim.

Seeking legal guidance

Workers’ compensation laws are complicated, and figuring out employment status is often not simple. Independent contractors should seek legal help if they get injured at work. An attorney clarifies their rights, determines if misclassification occurred, and explores other compensation options. Understanding these details helps in recovering lost wages and covering medical costs.

Understanding employment classification and compensation options helps injured workers take the right steps. Getting professional advice is key to navigating this process and achieving a good outcome.