Workers’ compensation insurance provides vital protection for workers in the event of a workplace related injury and other situations. However, the situation with independent contractors can be more complicated. You’re not technically an employee, so does workers’ compensation still protect you? Freeport workers’ compensation law firms can help you determine eligibility.
What the Law Says
One of the first things you will learn from Freeport workers’ compensation law firms is that under Illinois state law, independent contractors are not covered by workers’ compensation. On the surface, that might make it seem like you’re completely out of luck if you’re injured in the workplace. However, the right attorney can help.
You Might Be an Employee
It’s important to understand that, at least in the eyes of the law, you may not be an independent contractor. Too many business owners use this designation to avoid taxation hassles and other problems, while treating independent contractors like actual employees. In the eyes of the law, it’s more about how you’re treated by the employer than it is about your actual legal designation on tax forms.
One way that you might be treated as an employee is whether you can control your schedule, or if your employer sets your work hours. The more control your employer has over when, where and even how you work, the more likely you are to be considered an employee and not a contractor.
There are quite a few other considerations that go into this equation, too. For instance:
- If your employer provides your tools, you may be considered an employee.
- If your employer provides the work materials, you may be considered an employee.
- If your employer binds you to their exclusive service, you may be considered and employee.
- If the employer provides you with a uniform, you might be considered an employee.
- If your employer requires you to work a specific schedule, you might be considered an employee.
As you can see, there is a wide gray area when it comes to determining whether or not you’re an actual employee or an independent contractor. Moreover, your employer should have no part in setting that designation. If you have been injured in a workplace accident or incident, and feel that you are not being treated fairly, we invite you to contact Fisk & Monteleone, LTD to schedule a free consultation.
