Independent contractors face unique challenges when trying to get compensation for work injuries. Unlike regular employees who can file workers’ compensation claims, contractors often find themselves in legal gray areas.
You may wonder what options you have for recovering damages if you’ve been injured at your contracting job. A Barrington personal injury lawyer can help you explore all your options.
Am I Really an Independent Contractor or Actually an Employee?
The first and most important question is whether you are truly an independent contractor or if you should be classified as an employee. This makes a huge difference in your ability to recover damages.
Many companies incorrectly classify workers as independent contractors when they should legally be considered employees. According to the Illinois Workers’ Compensation Act (820 ILCS 305), the key is the level of control the company has over your work. If the company controls when, where, and how you perform your job, you may actually be an employee even if you signed a contractor agreement.