Million dollar mistake- Don't let them tell you that you are an independent contractor
We were contacted by a laborer that blew out his back on the job and can no longer perform his usual line of work. He was a 1099 employee who was told that his case wasn't covered because he was an independent contractor.
Under Illinois workers' compensation law, just because you get a 1099 doesn't mean that you are an independent contractor. Rather we look to see what right of control does your employer have over you. If they tell you where to go, what to do, when to be there, prevent you from working elsewhere, etc., then you are an employee.
The person that contacted us hired an attorney who rightfully filed the case with the Illinois workers' compensation commission. But for some strange reason he failed to notify the insurance company of the employer that a case was filed and since the company didn't do that either this person never got paid.
The good news is that he got a judgment for around one million dollars. The bad news is that he now has to try and collect that from the employer who if they file bankruptcy can make that judgment go away. Had the insurance company been notified, not only would they have to pay everything, this nice man would have likely been paid a long time ago. It's great that he has a judgment, but will he ever collect? If not it was a million dollar mistake.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
