Independent Contractor and Workers’ Comp
Being told you’re an “independent contractor” after getting hurt at work can feel like the door just slammed shut. Many workers assume that label automatically disqualifies them from workers’ compensation. In reality, the label your employer uses is not the final word.
Whether you can file a workers’ comp claim depends on how the law classifies your working relationship, not what your employer calls you.
Why Employers Call Workers “Independent Contractors”
Classifying workers as independent contractors can benefit employers because it may:
- Avoid workers’ comp insurance costs
- Reduce payroll taxes
- Limit liability for workplace injuries
That’s why this issue often comes up after an injury, not before.
The Key Question: How Does the Law Classify You?
Workers’ compensation eligibility is based on legal classification, not job titles, invoices, or contracts alone.
Courts and agencies look at factors such as:
- Who controls how, when, and where the work is done
- Whether you use company tools, equipment, or vehicles
- Whether your work is integral to the business
- Whether you can work for other companies freely
- How you’re paid (hourly, salary, by project)
You can be labeled an independent contractor and still legally be considered an employee.
Misclassification Is Common
Worker misclassification is one of the most common issues in workers’ comp cases.
Examples include:
- Delivery drivers required to follow strict schedules
- Construction workers paid by the day but supervised closely
- Caregivers assigned shifts and clients by an agency
- Gig workers who are controlled more like employees
In these situations, workers often do qualify for workers’ compensation despite what their employer says.
Can You File a Workers’ Comp Claim Anyway?
Yes. You can still file a claim, even if your employer disputes your status.
Filing a claim:
- Preserves your rights
- Triggers a legal review of your classification
- Forces the issue to be addressed formally
If your claim is denied due to classification, that decision can be challenged.
What Happens If the Claim Is Denied?
If the insurer denies your claim because you’re labeled an independent contractor:
- You may be able to appeal the denial
- A judge or administrative body may review your work arrangement
- Evidence of control and job duties becomes critical
Many misclassification cases are resolved only after this deeper review.
Why a Workers’ Comp Lawyer Matters Here
Classification disputes are not simple paperwork issues. They require evidence, legal arguments, and familiarity with employment and workers’ compensation law.
An attorney can:
- Analyze whether you were misclassified
- Gather proof of employer control
- Challenge improper denials
- Protect you from retaliation
- Explore additional legal remedies if misclassification is proven
In many cases, legal representation is the difference between a denied claim and approved benefits.
The Bottom Line
Being called an independent contractor does not automatically prevent you from filing a workers’ comp claim. What matters is the reality of how you worked—not the label on your paperwork.
If you were injured on the job and your employer is using “independent contractor” as a reason to deny benefits, it’s worth having your situation reviewed. Misclassification is common, and many workers discover they had rights they didn’t realize they had.
When it comes to workers’ compensation, classification can be challenged—and often should be.
Need legal help? In California, navigating legal challenges, whether they involve personal injury, workers’ compensation, criminal defense or civil litigation, can be overwhelming. Khoury Law Group is here to provide the critical legal support you need. As a leading advocate for individuals facing legal battles, our experienced attorneys understand the complexities of the legal system and are committed to fighting for your best interests. With personalized legal strategies and compassionate support, we are dedicated to achieving the justice and compensation you deserve.
CONTACT US FOR HELP. Call us at (888) 354-6879 or fill out the form on our Contact page.
