Is an Independent Contractor Eligible for Workers’ Compensation Benefits?

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When you’re hurt in a serious work accident, you need workers' comp benefits from your employer to recover the costs you’ve suffered. But that may lead you to wonder, “is an independent contractor eligible for workers' compensation benefits?” If your employer lists you as an independent contractor, they may deny your workers' comp claim on these grounds.

Luckily, your lawyer can step in and help you get the benefits you’re due for your injuries

Is an Independent Contractor Eligible for Workers' Compensation Benefits?

Independent contractors are not considered employees when it comes to workers' comp benefits. Because of this, you may be ineligible for workers' comp benefits. But what if you’re certain you’re an employee? 

Unfortunately, many employers misclassify employees as independent contractors as a ploy to save money. They may try to avoid taxes or paying for workers' comp benefits by considering you an independent contractor because of the differences in contractor vs. employee benefits. Luckily, you have options to get your workers' comp benefits to protect your health and finances. 

How a Workers' Comp Lawyer Can Help 

When you’ve been denied workers' comp benefits, it can be tough to fight back and get the benefits you’re due. You’re still injured, and you probably don’t have experience in workers' comp law. Luckily, a respected workers' comp lawyer in Iowa will fight for justice in your name. 

If your employer has claimed you’re an independent contractor, your lawyer could help you prove them wrong. Independent contractors usually work on their own terms, without the same rules and restrictions as an employee. Your lawyer will help you gather evidence showing you are or were an employee based on your work responsibilities and other evidence. 

Your Workers' Comp Claim Process After a Denial 

So what can you do when you’re denied on these grounds? Your workers' comp lawyer will need to step in to help you overcome the denial and get compensated fairly for your losses. 

First, you and your lawyer will need to review the reason for your denial and gather evidence that disproves it. Once you have the evidence you need, you can request a hearing for your claim. Your lawyer will present the evidence before the insurance company and your employer for your benefits. 

If they still refuse to compensate you, your lawyer may suggest pursuing a formal hearing. This formal hearing is held before the Iowa Workers' Compensation Commissioner. The commissioner will review your evidence and your employer’s evidence, then choose to appeal or deny your claim. 

Connect with a Workers' Comp Lawyer to Seek Your Max Benefits 

If your employer states that you’re considered an independent contractor, they may be looking for an opportunity to avoid paying for your losses. They can do this because of the differences in contractor vs. employee benefits for on-the-job injuries. Because of this, you may need help from an experienced workers' comp lawyer serving your Iowan community.

At Pothitakis Law Firm, PC, we know how tough it may be to seek workers' comp benefits, and you may be confused on the benefits of being an independent contractor vs. employee. That’s why our expert legal team is here to will work diligently in pursuit of your benefits. Find help when you call our office or when you fill out the online contact form below.

Learn More About Workers' Comp Benefits for Independent Contractors and Employees

What Is Workers' Compensation?

What To Do If Your Employer Lied To the Workers' Compensation Committee

If OSHA Doesn't Respond to Workers' Safety Complaints, Can I Sue OSHA?

Why an Employer May Dispute a Workers' Compensation Claim

How Does the Iowa Workers' Compensation Act Benefit Injured Workers?

Photo of Niko Pothitakis
For the past 15 years Mr. Pothitakis has focused his practice on Workers Compensation and Personal Injury Cases. The firm has two locations, one being in Burlington, Iowa and the other in Keokuk, Iowa. Mr. Pothitakis works with many area unions and employee organizations to provide advice, assistance, and guidance as it relates to employment issues. Mr. Pothitakis provides free consultations to those with legal questions in the firm's areas of practice. In this initial meeting or conference potential clients are provided advice on their need for assistance and how they need to proceed.