Independent Contractor Classification
Under the Workers Compensation Act, anyone classified as an independent contractor is not considered an employee, and therefore, is not eligible for benefits. In an effort to avoid paying workers’ compensation benefits, some employers classify employees as independent contractors.
Fort those who have been injured while working as a “1099” employee, the laws surrounding workers compensation and the right to benefits are not always clear. Fortunately for those injured on the job in Illinois, the court does not always agree with the classification that is designated by an employer.
How the Law Views Employee Classification
When a case is heard by the Illinois Workers Compensation Commission, several factors are considered when determining whether or not an employee is, indeed, an independent contractor. The level of control that an employer has over an employee is one key factor in making this determination. Additional factors include:
- Scheduling and work hours
- Work location
- Nature of work and type of company
- Tools and clothing (including uniforms) used on the job
Each workers compensation case is unique, so how the commission will rule will be determined by the individual factors involved.