In this video, I show you how I DEFEAT these attempts to cheat injured workers out of the money they deserve…and what YOU have to know so you can make sure you are covered by Workers Comp even if your Job tells you they AREN’T (they don’t get to decide — ITS THE LAW). So give it a watch and tell me what you think! Subscribe Now 🙏 / @desalvolaw
To receive workers' compensation in Illinois, you must be an employee injured in the course of employment. If you are labeled as an independent contractor but work under the control and direction of an employer, you may still qualify as an employee for workers' compensation purposes. Employers might misclassify workers as independent contractors to save costs, but this is against the law. Factors like control over work, set hours, use of company equipment, and supervision are considered by courts to determine employment status. Being misclassified doesn't prevent you from claiming workers' compensation; courts often rule such individuals as employees eligible for benefits.
While the short answer is technically no, there is a common scenario where individuals who are designated as independent contractors may still be entitled to worker's comp benefits. Scott explains that under Illinois law, it doesn't matter what you think you are or what your employer calls you.