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What You Should Know About Worker Misclassification and Workers’ Comp in Illinois

Posted on in Workers' Compensation

DuPage County Workers' Compensation LawyerIn Illinois, employers are required to carry workers’ compensation insurance. This insurance covers medical expenses and part of a worker’s lost income in the event of a work-related injury or illness. Workers classified as independent contractors are not covered under Illinois’s workers’ compensation laws. If you are an independent contractor and you were hurt at work, you may feel as if you have no options. However, if you have been misclassified as an independent contractor when you actually function as an employee, you may be entitled to workers’ compensation.

Understanding the Difference Between an Employee and an Independent Contractor

Businesses and other employers often have a variety of different labor needs. Consequently, many employers employ both employees and independent contractors. Independent contractors are workers who perform work for the employer but are not directly under the employer’s control. They sign an agreement with the employer that establishes their business relationship but does not establish employment. Employees are usually confined to a specific work schedule whereas contractors have much more flexibility. Typically, contractors perform work outside of the typical work performed by employees of the company. Contractors are usually involved in an independently established trade or profession. Employers sometimes misclassify workers in order to avoid paying payroll taxes, workers’ compensation, and other expenses associated with hiring employees.

If you are unsure of whether you may have been misclassified as an independent contractor when you meet the criteria for an employee, ask yourself the following questions:

  • Am I under my employer’s direct control?

  • Am I told when to work and how to complete my work?

  • Do I complete the same type of work as employees?

If you answered “yes” to these questions, you may want to discuss your situation with an experienced attorney. It is possible that you have been misclassified as an independent contractor when you should have been classified as an employee.

Contact a Wheaton Workers’ Compensation Lawyer

Illinois employers are required to provide workers’ compensation coverage to employees. This coverage entitled injured workers to compensation for medical bills and part of their lost income.  Independent contractors are not usually entitled to financial compensation through workers compensation after a work injury. However, some employers misclassify workers as independent contractors when they are actually employees.

If you suspect that you may have been misclassified, contact the Law Offices of David W. Clark, P.C. to discuss your situation with an experienced DuPage County workers’ compensation lawyer. Call our office today at 630-665-5678 for a free, confidential case assessment.




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