Can Independent Contractors Get Workers’ Compensation in Illinois?

Typically, independent contractors are not eligible for workers’ compensation in Illinois because they are not employees of the company. However, some people receiving a 1099 may still qualify as an employee and could file a claim. A true independent contractor is not likely to receive coverage for their work-related injury, but a misclassified worker could be. Talk to a Chicago workers’ compensation attorney about your case today.

What to Know About Workers’ Compensation Eligibility in Illinois

Workers’ compensation provides financial recovery of medical expenses and sometimes lost wages for workers who are hurt on the job, engaging in work-related tasks. It typically applies when a true employer-employee relationship exists.

The Illinois Workers’ Compensation Commission determines if a person is an independent contractor based on specific factors. If you are an independent contractor, the state may determine your proper classification as an employee if the following apply:

• The company you work with controls all aspects of your work, including the method, manner, and schedule of the work you do
• The work you do is part of the company’s regular business model
• The company provides you with the tools and equipment to do the job

Even if the company does not deduct taxes from your pay, but employee-like conditions exist, the agency may determine that you are an employee and not an independent contractor. In these situations, you may then be able to file a claim for workers’ compensation.

Can You File For Workers’ Comp If You’re an Independent Contractor?

If you are an independent contractor, meaning you do not fit the definition of an employee, you still can hold the company at fault for your losses, but you cannot do so through the typical workers’ compensation process. In these situations, your Chicago workers’ compensation lawyer may encourage you to file a lawsuit for negligence if you can show the company was negligent in your case.

In these situations, you must demonstrate that the company owed you a duty of care, violated that duty of care, and that resulted in the accident and resulting injuries. In these situations, you can file a claim for all losses you have, including economic damages, such as medical bills and lost wages, as well as non-economic losses such as pain and suffering. Non-economic losses are not available through a workers’ compensation claim.

What If You Signed a Contract to Operate as an Independent Contractor?

Even if you have a signed contractor that indicates you are an independent contractor, the Illinois Workers’ Compensation Commission can determine you are, in fact, an employee. In these situations, you will need to file a claim with the agency to have them investigate your situation. The key here is to determine which factors indicate that you are an employee, not an independent contractor.

If you run your own business and set your own hours, that may be challenging to prove. In other situations, where the previous duties of your job apply, it may be possible to demonstrate your right to coverage.

How a Chicago Workers’ Compensation Lawyer Can Help

If you believe you have a valid workers’ compensation claim or you want to explore filing a lawsuit against those who caused your injuries, speak to a workers’ compensation attorney in Chicago, Illinois. These are complex areas of the law, but your workers’ comp lawyer can offer insight into what legal steps may be best suited for your individual situation and answer any additional questions about workers’ comp in Illinois.

Contact a Chicago workers’ compensation attorney from Taxman, Pollock & Bekkerman today at (312) 586-1700 to schedule a free consultation.