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How Do I File Workers’ Compensation Claim As An Independent Contractor?

While independent contractors are not eligible for workers’ compensation in the state of Illinois, certain factors which determine whether an injured worker is one or an employee are treated differently, according to the Workers Compensation law. In other words, independent contractors that meet conditions that qualify them as employees as per the law can get compensation for workplace injuries.

Some organizations deliberately misclassify such working individuals as independent contractors so that they can save money. This is where legal representation from a reliable Illinois worker's compensation lawyer can save you.

What This Means For You

Some of the things that qualify independent contractors for worker's compensation are whether the employer:

  • Cut taxes from paychecks.
  • Insisted they wear a uniform at work.
  • Gave them tools to use at work
  • Told them to work at a particular location.
  • They allowed them to work with people of their own choosing or bound the contract.
  • The employer laid out specific instructions or the contractor was given the freedom to use their own approach to a job.
  • The employer set up a schedule or allowed the contractor to set their own work schedule.


Workers' Compensation Eligibility

In short, the primary factor that determines whether an independent contractor is eligible for workers’ compensation or not is the level of control the employer has over them. So if any of the aforementioned applies to you, you are an employee and as such are eligible for worker's compensation. However, if neither of those applies, you are an independent contractor and as such do not qualify for compensation.

To bring this point home, and playing off the aforementioned points, you can be classified as an independent contractor if the following apply to you:

  • You were allowed to set your own hours and given complete freedom in how you conducted your work.
  • You used all of your own equipment to complete the job.
  • You paid self-employment taxes i.e. no taxes were deducted from your paycheck.

Some employers can refuse to pay employees who don't work for their company but are hired independently. If yours is refusing to do so, they are in the wrong. Rather than accepting their decision, file an appeal with the Illinois Workers' Compensation Commission with help from a competent Illinois worker's compensation lawyer from I Am Calling My Lawyer in Schaumburg, IL.

With more employers shifting to independent contractors, which they want to control as much as possible, you need to protect yourself and your future now more than ever. At I Am Calling My Lawyer we can ensure you get the compensation you deserve along with damages if compensation is denied even though you qualify for it.

If you get injured on the job, you should not have to pay out of pocket. Get in touch with us for a free consultation today! We believe that actions speak louder than words and are dedicated to getting justice for our clients that they deserve. Check out some of our most recent successful cases and see for yourself.

Our Office Location:


1990 E. Algonquin Rd., Ste 230
Schaumburg, IL 60173