My Employer Says I’m an Independent Contractor, Can I Get Workers’ Compensation Benefits?

Form 1099-MISC

Workers’ compensation insurance can be expensive. To avoid buying workers’ compensation insurance, many unscrupulous employers pay people through a 1099 form, which is one piece of evidence that the worker may be an independent contractor. Independent contractors are not entitled to workers’ compensation benefits, only employees. Just because you are paid with a 1099 does not mean you are an independent contractor.

The Indiana worker’s compensation judges are smart and know the tricks and games employers play. One of the tricks is paying someone with a 1099 form and trying to avoid work comp insurance. Just because you are paid with a 1099 does not mean you are an independent contractor. The work comp judges will look at several factors, including, but not limited to, the following:

    • • Who oversees your work assignments.
      • Whether you are paid per job or per hour at the direction of the employer.
      • Whether you supply your own tools and equipment.
      • Whether you have more than one client/job at a time.
      • Whether you can be let go at any time or choose not to come to work because you don’t feel like working.
      • Whether you are engaged in your employer’s normal business when injured.
      • Who makes and keeps your schedule.

If you think you wonder if you are an employee even though your employer says otherwise, please give the attorneys at Klezmer Maudlin a call right away! We can evaluate your case and assist you in trying to get workers’ compensation benefits. We have fought and prevailed many times in the past on this exact issue! Our attorneys handle work comp claims statewide. We have physical offices in Lafayette, Indianapolis, Jeffersonville/New Albany, and Evansville/New Harmony.