Am I an Independent Contractor or an Employee According to Illinois Workers’ Compensation Law?
We discussed in a previous post that there are times when employees are wrongly classified as independent contractors. This is often done by employers to avoid providing the affected individuals with benefits and workers’ compensation coverage. While laws like the Illinois Employee Classification Act impose penalties for misclassifying employees in this way, it still happens. That is why you should always speak with an experienced Illinois workers’ compensation attorney if you are injured on the job, whether you are classified as an employee or as an independent contractor.
Some Ways to Tell if You are Misclassified as an Independent Contractor Under Your Workers’ Compensation Claim
Illinois workers’ compensation law holds that whether or not you are an employee is dependent on your relationship to your employer rather than on your job title. This primarily involves things such as your schedule, your equipment, and your instructions. To truly be an independent contractor, you must be independent. The more control your employer exercises over you, the more likely it is that you are an employee, whether or not the employer refers to you as such.
Here are some factors that may contribute to you being an employee rather than an independent contractor:
- The employer provides you with a uniform, equipment, or other materials.
- The employer gives you a schedule, rather than allowing you to set your own hours.
- The employer gives you a specific set of instructions on how to complete a task.
- The employer prohibits you from working for whomever you want.
If an employer refers to you as an independent contractor and any of the above are true, it is likely that you are being misclassified. If you think you have been incorrectly classified as an independent contractor and you suffer an injury, you should contact an Illinois workers’ compensation attorney.
Why Does It Matter If I am Designated as an Employee or an Independent Contractor?
Independent contractors are not covered under the Illinois Workers’ Compensation Act. Independent contractors are not entitled to any of these benefits. That is why it is important to speak with an Illinois workers’ compensation attorney if you think you have been misclassified, or if you are being denied workers’ compensation benefits because you have been classified as an independent contractor.
Contact Rubens and Kress to Speak With an Illinois Workers’ Compensation Attorney
Rubens and Kress is a law firm in Chicago with a track record of success in handling workers’ compensation cases. If you have been injured on the job, or if you think you are being misclassified by your employer, Rubens and Kress can help. There is no fee unless you collect. To discuss your options with an experienced Illinois workers’ compensation attorney, contact Rubens and Kress online, at 312-201-9640, or toll-free at 866-890-9640.