Dealing with an injury on the job as an independent contractor can be overwhelming. In addition to needing medical treatment, you may experience pain or mobility limitations that prevent you from returning to work. You may also have concerns about how you will pay for your treatment and other expenses, including whether you are eligible to collect workers’ compensation.
Understanding the relationship between independent contractors and workers’ compensation in Waukegan can be difficult, but a skilled attorney from Schlack & Bassmaji could help you through this challenging time. To get started, we can meet with you to review your legal options.
When someone suffers a worksite injury, they can usually collect workers’ compensation benefits. Their employer or their employer’s insurance company is generally responsible for the cost of the injured worker’s reasonable medical treatments. They do not need to prove that their employer caused their injury because workers’ compensation benefits are no-fault benefits. However, employees who are eligible for workers’ compensation cannot also pursue civil lawsuits against their employers.
Under Illinois law, the injured worker does not have to use their employer’s doctors. Instead, they can choose their own medical provider. Workers’ compensation benefits also cover a portion of an injured worker’s lost wages for the period during which they cannot work due to their injuries.
If you are an independent contractor, different rules apply, as independent contractors in Waukegan cannot generally collect workers’ compensation benefits because they are not employees. However, our attorneys may be able to help you collect workers’ compensation benefits by examining the terms of your contract and helping you establish that your employer wrongly classified you as an independent contractor solely to avoid paying workers’ compensation and other benefits. For instance, if your employer set your schedule and provided you with training and the supplies needed for your work, you might not be an independent contractor for the purposes of state workers’ compensation laws.
If you are unable to collect workers’ compensation benefits in Waukegan due to your status as an independent contractor, you could potentially pursue a civil lawsuit against the employer responsible for the worksite where your injuries occurred. To succeed in such a lawsuit, you would need to establish that the employer’s negligence led to your injuries by creating an unsafe work environment. You could also sue anyone else who played a role in causing your injuries, such as a property owner who allowed unsafe conditions to develop on their property, a subcontractor whose negligence led to your injuries, or a manufacturer whose defective equipment harmed you.
Our experienced legal team could investigate your accident, scrutinizing all the available evidence and speak with witnesses and people familiar with the worksite. If you are concerned about how you will pay for your medical care while your case is ongoing, our office has developed relationships with doctors who could treat you and wait for payment until the case concludes.
Trying to understand the rights and entitlements of independent contractors and workers’ compensation in Waukegan can be overwhelming. However, you should not attempt to handle these matters alone.
Call today to set up a consultation with one of our bilingual local lawyers at Schlack & Bassmaji. We know how to help you get the compensation you need so you can continue to support your family.
