With the rise of contract-based employment, many individuals in today’s workforce may question whether New York State provides workers’ compensation benefits for independent contractors. Generally, independent contractors are not eligible for workers’ compensation benefits since they are considered self-employed, acting as both employers and employees. However, the classification of independent contractors under New York State laws is intricate, and in some cases, individuals who aren’t traditional W-2 employees may still be entitled to workers’ compensation benefits.

If you’re an independent contractor in West Chester and have sustained injuries while performing your job duties, reach out to Gabriel Legal Injury Lawyers at (212) 463-8888. Our workers’ compensation attorneys will assess your case at no charge to determine your eligibility for benefits. If you’ve been denied workers’ compensation for any reason, we’re here to provide assistance.

Factors Influencing Independent Contractor Status

To qualify for workers’ compensation, an employer-employee relationship must exist. Even if you receive a 1099 form, New York State courts may consider you an “employee” if the employer exercises any control over the time, manner, or method of your work.

When determining whether a worker is an independent contractor or an employee, courts consider various factors, including:

Method of payment received

Length of employment

Selection of materials and tools

Control over working hours

Intent of the work contract

Employer’s authority to hire and fire

Independent Contractor vs. Employee: Real-Life Case Example

In the case of Golash v. Cherokee Cab Co., the Georgia Court of Appeal deliberated on whether a cab driver qualified as an employee and was entitled to workers’ compensation benefits. The court employed the “right to control” test, which evaluated whether the employer had the authority to control and direct the cab driver’s work based on the employment contract.