Illinois independent contractors and workers compensation

A recent case decided at the Illinois Workers' Compensation Commission shows once again that you never should let your employer or their insurance company tell you that you don't have a case because you are an independent contractor.

According to the case, a trucker who was issued a 1099 form and labeled an independent contractor, was really an employee who was entitled to benefits for his work injury.  He had a long, continuous relationship with the defendant, he worked full time and exclusively for the defendant and the defendant provided him with the equipment to complete his job.  They also had the right to terminate him.

Under Illinois law, this trucker was found to be an employee because the employer had control over him.  He had signed a form that said he was an independent contractor, but under Illinois law you can not sign away your rights to workers' compensation.

In other words, if it looks like a duck, talks like a duck and acts like a duck, it's a duck.  If you look like an employee, talk like an employee and act like an employee, you are probably an employee.  Don't let them tell you that you are not.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.