Independent Contractor Workplace Injury Workers Comp: Are You Covered?

## Do Independent Contractors Get Workers Comp After Workplace Injuries?

Traditional workers compensation covers employees — not independent contractors. However, many workers labeled as independent contractors are actually employees under the law and have been misclassified to avoid providing benefits, including workers comp coverage. If you were misclassified, you may have full workers comp rights despite your contractor designation.

Worker misclassification is rampant in industries including construction, delivery, rideshare, home services, and healthcare, with employers saving billions in benefits costs at workers' expense.

How to Determine If You Were Misclassified

Courts apply multi-factor tests to determine whether a worker is truly an independent contractor or a misclassified employee. Key factors include how much control the employer exercises over your work schedule, methods, and tools; whether the work is central to the employer's business; and whether you work exclusively or primarily for one company.

• If your employer controlled when, where, and how you worked, you may be an employee under the law
• Signing a contractor agreement does not automatically make you an independent contractor
• Multiple legal tests apply: the ABC test, the economic reality test, and the common law test
• Some states provide partial workers comp coverage even to true independent contractors

Even if you cannot access workers comp as a contractor, you may have other legal remedies including a personal injury lawsuit against the property owner where you were injured, claims against equipment manufacturers, or claims under commercial general liability policies. An attorney who understands both employment classification law and personal injury can identify every available path to compensation.