Can Contractors or Freelancers Receive Workers’ Comp?

The Illinois Workers’ Compensation Commission considers several key factors when determining if an individual is an employee or an independent contractor. These factors focus on the degree of control the employer exercises over the contractor’s tasks.

While true independent contractors are not eligible for workers’ compensation benefits in Illinois, some companies misclassify employees as contractors to cut costs. This makes it especially important to have experienced legal representation to ensure your rights are protected.

What Classifies an Individual as an Employee vs. an Independent Contractor

Ultimately, the key difference between an employee and an independent contractor lies in the level of control the employer has over the worker. If the employer closely directs how, when and where the work is performed, the injured worker is more likely to be classified as an employee rather than an independent contractor.

Employees typically:

• Work set hours determined by the employer

• Follow company procedures and policies

• Use tools, equipment or materials provided by the employer

• Perform tasks assigned by the employer

• Work exclusively for one employer
  

In contrast, independent contractors generally:

• Set their own schedules

• Decide how to complete the work

• Use their own tools and resources

• Can work for multiple clients or businesses at once

• Are paid via 1099 forms and handle their own taxes

If the Commission determines that the worker is an independent contractor, they may not be entitled to workers’ compensation benefits. By working with an experienced attorney, you’ll have help navigating the complex workers’ compensation landscape to ensure you get the benefits you deserve.

Schedule Your Free Legal Consultation

If you believe you’ve been misclassified as an independent contractor and should be eligible for workers’ compensation, contact Black & Jones today to discuss your case and learn how we can help you achieve justice.