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Employee or Independent Contractor?

February 12th, 2016 at 4:19 pm

employee, contractor, Illinois workers compensation attorneyThe Illinois Workers’ Compensation Act covers only employees. Under Illinois law, there are two categories of workers, employees and independent contractors, and in some cases, an employer may tell suggest or imply to you that you are an independent contractor. This would mean that certain employment laws do not cover you, including workers’ compensation. But, employers are not always correct when deciding who is and who isn’t an employee.

Right of Control

The primary criteria that courts use to determine if you are an employee is the right of control test. The more control your employer has over your work, the more likely you are an employee, and not an independent contractor.

Independent contractors traditionally use their own tools and the employer only controls the result, not the way the worker goes about completing the job. Employees are provided specific direction regarding the time, place, and manner of the work. Employees usually do not use their own tools. For example, if you are required to dress in a uniform or the employer regulates your breaks, you are most likely an employee.

How You Are Paid

Another factor to consider is how the employer compensates you. Employees typically have an hourly rate or a set salary. Payment is made on a regular basis, typically, weekly, bi-weekly, or monthly.

Independent contractors are more likely to be paid based on an agreed-upon sum for the job, or on an hourly rate. Independent contractors invoice for the amount due to them on a monthly or weekly basis.

If you punch a clock, are paid based on an hourly rate, and are not required to invoice the employer, you are most likely an employee.

Why It Matters

The distinction between being an employee and an independent contractor is important for many reasons. Under workers’ compensation laws the employer does not have to pay workers’ compensation insurance for independent contractors. If you are an independent contractor and are hurt on the job, you cannot collect workers’ compensation from the employer’s insurer. It is up to you to have your own disability insurance policy.

Employees are required to be covered by workers’ compensation insurance. If an employee is hurt on the job, his or her medical bills can be taken care and missed pay can be at least partially compensated.

If you have been injured while performing your job, you need to speak with an experienced and knowledgeable Cook County workers’ compensation attorney right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

 

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