Search
Foote, Mielke, Chavez & O'Neil, LLC
Call: 630-232-7450

Am I considered an employee under workers' comp guidelines?

If you are injured on the job, achieving Workers' Compensation benefits can be crucial to securing your financial stability and peace of mind. Being eligible for workers' comp depends, however, on whether or not you are considered an employee or independent contractor in Illinois. Distinguishing between the two can be difficult in some cases, and is known to lead to employment law disputes. Fortunately, the Employee Classification Act outlines criteria for determining employment status.

According to Business and Legal Resources, legal distinctions between what characterizes an employee and independent contractor can blur. This is especially true in the construction industry, where contractors regularly employ temporary workers and subcontractors alike. Beyond that, it is not unheard of for employers to misclassify their employees as independent contractors in order to avoid providing required coverage like workers' comp insurance. Consequently, the Employee Classification Act establishes what type of work relationships and conduct qualifies as independent contracting under the law.

Unless or until you meet the criteria described by the Employee Classification Act, you are generally considered an employee. Standards for being identified as an independent contractor include:

  •          Engaging in an independently established business, profession, occupation or trade
  •          Being free from the direction or control of the contractor for services performed
  •          Providing services outside of those usually performed by the contractor

Other factors can be taken into consideration when determining your status as either an employee or independent contractor. Keep in mind, then, that the information provided above cannot be used as legal advice.

No Comments

Leave a comment
Comment Information

Ask Us a Question or Request a Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Visit Our Conveniently Located Offices

Chicago:

55 West Wacker 9th Floor Chicago, IL 60601
Chicago Office Map & Driving Directions

55 West Wacker 9th Floor
Chicago, IL 60601

Chicago Law Office Map

Foote, Mielke, Chavez & O'Neil, LLC
10 West State Street Suite 200
Geneva, IL 60134

Geneva Law Office Map