Can a 1099 Employee Receive Workers’ Comp?

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The workers’ compensation program in America was designed to provide financial coverage for employees that are injured while on the job by paying for their medical expenses. While it is widely known that this is a right given to employees of a company, does it apply as well to employees that receive a 1099 instead of a normal W2? These kinds of employees are also known as independent contractors and the rules concerning them and workers comp may vary depending on how the contract is written and how their arrangement is set up.

Under normal circumstances, an independent contractor is brought in by a company to perform a certain task or project but is not an actual employee of the company that is bringing him or her in. This can create a bit of a gray area if that individual is injured while on the job that he or she was tasked with doing, since that person is not technically an employee. Is there any chance for that injured employee to receive workers’ compensation? If it is exclusively stated in the contract at the time of hiring or if they answer directly to someone in the hiring company, then yes, there is a strong chance that workers’ compensation benefits may still be granted.

That being said, if the contract employee instead answers to another company or is completely independent as an individual, self-employed worker, then it is either up to the original company to provide workers’ comp benefits or the individual him or herself. For example, if a company dispatches workers to assist another in a certain project, that original company might have charge over those employees, including for benefits. Self-employed or independent workers would not have coverage however, except under unusual circumstances.

If you are a 1099 worker that has been injured while on the job, it is always a good idea to consult with an attorney to determine what your rights may be and if you are indeed eligible to receive benefits. We at the Franco Law Firm would be happy to work with you to guide you and assist you if a lawsuit is necessary. To learn more about our services and to schedule a free consultation with us, please call (813) 872-0929.