What To Do If You Are Injured At Work As A Contract Worker
At Gillick, Wicht, Gillick & Graf, we understand how confusing it can be when you’re hurt on the job, especially if you are classified as a contract worker. Many workers in Wisconsin are unsure whether they qualify for benefits under the state’s worker’s compensation system if they’re not considered full-time employees. The short answer is: it depends. Wisconsin law has specific definitions and legal tests to determine whether a worker is considered an employee or an independent contractor. These distinctions can have a major impact on your rights.
Under Wisconsin Statutes Chapter 102, worker’s compensation is generally available to employees who are injured during the course of their employment. Independent contractors, however, are not automatically covered. The law sets out a nine-part test under Wis. Stat. § 102.07(8) to determine whether a person truly qualifies as an independent contractor or is, in reality, an employee who should be protected under the law.
Understanding Whether You Are Covered
The first and most important step is determining your employment status. Just because your employer calls you a contractor or issues you a 1099 form doesn’t mean the law sees you that way. If your work is controlled by the company, you are required to follow their instructions, work on their schedule, or use their tools and equipment, you might actually be considered an employee under Wisconsin law.
To be considered a true independent contractor under Wis. Stat. § 102.07(8)(b), you must meet all nine criteria, including maintaining a separate business, having control over the means of performing the work, and showing that you have recurring business liabilities and obligations. If even one of these criteria isn’t met, you may qualify as an employee, and that means you may be entitled to worker’s compensation benefits.
What Benefits May Be Available
If you are found to be an employee under Wisconsin’s law, you could be eligible for several important benefits. These include coverage for medical bills, wage loss benefits under temporary total disability (TTD) or temporary partial disability (TPD), and compensation for permanent injuries. In some cases, vocational retraining may also be available. These rights are critical for your recovery and long-term stability.
Filing A Claim And Protecting Your Rights
If you’ve been injured at work and you’re unsure whether you qualify for worker’s compensation, the best step is to contact our office right away. We investigate the facts of your employment and injury to determine whether a claim is appropriate. If your employer denies coverage based on your contractor status, we can help file a claim with the Wisconsin Department of Workforce Development and represent you during any dispute.
It’s also important to report your injury to your employer as soon as possible. Delays in reporting can complicate your claim and make it harder to receive the benefits you may be entitled to.
Frequently Asked Questions About Contract Workers And Wisconsin Worker’s Compensation
What If I’m Paid As A 1099 Contractor But Work Regular Hours On Site?
Even if you’re paid as an independent contractor and receive a 1099 tax form, you may still be considered an employee under Wisconsin law. The key is how much control the company has over your work. If the company controls your schedule and tools, you may be eligible for worker’s compensation.
Can I Still File A Worker’s Compensation Claim If My Employer Calls Me A Contractor?
Yes, you can file a claim even if your employer labels you a contractor. The Wisconsin Department of Workforce Development will look at the actual nature of the working relationship using the nine-part test outlined in Wis. Stat. § 102.07(8).
What Should I Do Immediately After A Work Injury If I’m A Contract Worker?
Report the injury to the person you are working for, seek medical treatment, and contact a worker’s compensation attorney as soon as possible. You may have rights you’re unaware of, and early legal advice can protect your ability to pursue a claim.
What Happens If I Don’t Meet All Nine Independent Contractor Criteria?
If you fail even one of the nine tests under Wis. Stat. § 102.07(8)(b), you may be legally considered an employee and entitled to worker’s compensation benefits. Your job title or tax status does not decide your rights—the facts do.
Will The Company I Work For Retaliate If I File A Claim?
It is illegal in Wisconsin for a company to retaliate against you for filing a legitimate worker’s compensation claim. If you experience retaliation, you may have a separate legal claim and should speak with an attorney right away.
Can I Sue The Company Directly If I Am Not Covered By Workers’ Compensation?
If you are legally classified as an independent contractor and do not qualify for workers’ compensation, you may have the option to file a personal injury lawsuit against the company—especially if your injury was caused by unsafe working conditions or negligence. However, these cases can be more complex and require proof of fault. We can help you evaluate your options and determine the strongest legal path forward.
What If I Signed A Contract Waiving My Right To Workers’ Compensation?
Under Wisconsin law, an agreement that attempts to waive your right to workers’ compensation is generally not enforceable if you are determined to be an employee under the law. The statutory protections under Wis. Stat. § 102.03 cannot be signed away, so it’s important to speak with an attorney before assuming your rights are limited by any document your employer had you sign.
Does Working Through A Staffing Agency Affect My Right To Workers’ Compensation?
Yes, if you were placed by a staffing agency, the agency might be considered your employer for workers’ compensation purposes. In many cases, the agency, not the company where you perform the work, is responsible for providing coverage. We can help determine who the legally responsible employer is and guide you in filing your claim correctly.
Call Gillick, Wicht, Gillick & Graf For Help With Your Worker’s compensation Claim
If you were injured while working and have been told you’re not eligible for benefits because you’re a contractor, don’t assume the employer is right. We’ve helped many Wisconsin workers prove their eligibility and recover the benefits they deserve.
Call Our Office Today For A Free Consultation. We represent injured workers across the state from our office in Milwaukee. Contact our Milwaukee worker’s compensation lawyers at Gillick, Wicht, Gillick & Graf by calling 414-257-2667 to receive your free consultation. Our firm is committed to standing up for your rights.
