Independent Contractors and Work Injury Rights in the U.S.


If you’re a freelancer, gig worker, or independent contractor, you may assume you’re not covered by workers’ compensation. But that doesn’t always mean you’re out of options.


1. Independent Contractors Usually Aren’t Covered

Workers’ compensation is designed for employees. Independent contractors generally must rely on private insurance or lawsuits.


2. Misclassification Issues

Many employers wrongly classify employees as “independent contractors” to avoid paying benefits.

  • If you perform employee-like duties under company control, you may qualify as an employee for injury claims.

3. When You Can Sue

Independent contractors can file lawsuits for:

  • Employer negligence
  • Unsafe working conditions
  • Third-party liability (e.g., property owners or manufacturers)

4. Insurance for Contractors

Check if you have:

  • Occupational accident insurance
  • Business liability coverage
  • Health insurance that covers job-related injuries

A lawyer can:

  • Determine if you were misclassified
  • Identify all liable parties
  • Help you recover medical expenses, lost income, and pain damages