When you’re injured on the job, one of the first questions you might ask is whether you’re entitled to workers’ compensation benefits. For traditional employees, the answer is usually straightforward — yes. But what about independent contractors? The line can get blurry, and it’s important to understand your rights so you don’t miss out on benefits you might actually deserve.
Understanding the Difference Between Employees and Independent Contractors
The first step is knowing how you are classified. In general, employees work under the direct control of their employer. They’re given schedules, told how to perform tasks, and are often provided with the tools needed to do their jobs.
Independent contractors, on the other hand, are usually self-employed individuals who offer their services to businesses under a contract. They control how and when they work, use their own tools, and often work with multiple clients rather than one employer.
However, just because a company calls you an “independent contractor” doesn’t automatically mean you are one under the law. Courts and workers’ compensation boards look at several factors to determine your true working relationship, not just what your contract says.
Factors Used to Determine Worker Status
When figuring out whether someone is an independent contractor or an employee, different states use different tests, but most look at factors like:
- Degree of control: How much control does the company have over how you do your work?
- Tools and equipment: Do you provide your own tools, or does the company supply them?
- Work schedule: Do you set your own hours, or does the company assign your schedule?
- Type of work: Is the work you do a key part of the business?
- Payment method: Are you paid by the project or by the hour/week?
- Opportunity for profit or loss: Can you make more or less money based on how you manage your work?
If the company has a lot of control over your job duties and how you perform them, you might actually be considered an employee — even if you’re labeled as an independent contractor on paper.
Francis Pommett, attorney, often advises workers who find themselves in gray areas like this. It’s important to dig deeper into your actual working conditions to understand your rights.
Why Worker Classification Matters for Workers’ Compensation
Workers’ compensation insurance is designed to cover medical bills, lost wages, and rehabilitation costs for employees who are injured on the job. Most states require businesses to carry workers’ comp insurance for their employees, but not necessarily for independent contractors.
If you’re classified as an independent contractor, you might be expected to carry your own insurance or pay your own medical expenses if you get hurt. That can be a heavy burden, especially if the injury is serious and prevents you from working.
But if you believe you were misclassified and should have been treated as an employee, you can file a claim and argue that you’re entitled to benefits. You’ll need to provide evidence showing that your actual working relationship was more like that of an employee than a contractor.
Common Industries Where Misclassification Happens
Misclassification is common in industries where freelance and contract work are widespread. Some of the most common sectors include:
- Construction
- Transportation (especially rideshare drivers)
- Home health care
- Landscaping
- Janitorial services
- Technology and gig work
Workers in these industries are often labeled as independent contractors, but their working conditions sometimes suggest otherwise. If you’re injured and unsure about your classification, it’s worth speaking to an attorney who can help you navigate the process.
Steps to Take if You Are Injured as a Contractor
If you’re an independent contractor who gets hurt on the job, here are some steps to protect yourself:
- Seek medical attention immediately. Your health comes first.
- Notify the company you were working for. Even if you’re a contractor, letting them know about the injury is important for documentation purposes.
- Gather evidence about your working relationship. Save contracts, emails, texts, schedules, and anything else that shows how your work was structured.
- Consult an attorney. Workers’ compensation laws are complex, and getting professional advice can make all the difference in your case.
Francis Pommett, attorney, regularly helps injured workers review their employment situation and file the necessary claims. Sometimes a quick review of your job duties and how you were treated can reveal that you’re actually eligible for benefits you didn’t realize you had.
Don’t Assume You’re Out of Luck
Just because you’re called an independent contractor doesn’t mean you are truly one under the law. If you’ve been hurt while working, you might have rights to workers’ compensation benefits — even if the company says you don’t.
Every case is unique, and determining eligibility often comes down to the specifics of your situation. Don’t accept the label at face value. If you have doubts or questions, talk to an attorney who understands workers’ compensation laws and can fight for what you deserve.