Are Independent Contractors Eligible for Workers’ Compensation in Illinois?

person filling out a work injury claim formIndependent contractors are freelancers or self-employed persons who are hired by a company to perform specific tasks without being taken on as an employee. As independent contractors become more common in Illinois and other parts of the country, more independent contractors may be injured on the job and try to seek workers’ compensation benefits.

Independent contractors are not eligible for workers’ compensation in Illinois. However, the factors for determining whether an injured worker is an employee or an independent contractor are different under Illinois Workers’ Compensation law than other standards for making this determination. For example, you can still be found to be an employee under the Illinois Workers’ Compensation Act even if you receive 1099 income and possibly even if you signed an independent contractor agreement.

For this reason, it is important to discuss the specific details of your case with an experienced Illinois workers’ comp attorney.

What Conditions are Required for an Independent Contractor to be Considered an Employee?

The Illinois Workers’ Compensation Commission weighs a variety of criteria to determine whether someone is truly an independent contractor or is an independent contractor in name only.

The main factor in determining whether an independent contractor is eligible for workers’ compensation benefits is how much control the employer has over the contractor and their schedule — the more control an employer has over the contractor, the more likely it is that the contractor will be eligible for benefits if they’re injured on the job.

Some other factors that may affect an independent contractor’s eligibility for workers’ compensation benefits are:

  • Whether the employer took taxes out of their checks.
  • Whether the contractor was exclusively bound to the employer or if they could work for whomever they wanted.
  • Whether a uniform was provided by the employer.
  • Whether tools or other materials were provided by the employer.
  • Whether the contractor set their own hours or were given a schedule.
  • Whether specific instructions on how to do the job were provided or if the contractor was allowed to decide how to approach the job.

This list is not exhaustive, so if you are an independent contractor who may have a workers’ compensation claim, it is important to speak with an Illinois workers’ comp attorney.

Speak With an Illinois Workers’ Comp Attorney at Rubens and Kress

Rubens and Kress is a Chicago law firm concentrating in workers’ compensation cases. Boasting a history of successful workers’ compensation settlements and verdicts, Rubens and Kress will fight hard to get you the compensation you deserve, charging no fee unless you collect.

To discuss your legal options with an experienced Illinois workers’ comp attorney, contact Rubens and Kress online, at (312) 201-9640, or toll-free at (866) 890-9640.