Employee Misclassification and Your Right to Workers’ Compensation

Understanding Employee Misclassification

At its core, employee misclassification happens when an employer intentionally or negligently labels a worker as an independent contractor rather than as an employee. Why does this matter? Independent contractors generally aren’t entitled to workers’ comp benefits. By misclassifying you, a company avoids paying insurance premiums, overtime, and payroll taxes—all while stripping you of the protections you’re entitled to under Illinois law.

In reality, the label doesn’t decide your status. The law does. Courts and the Illinois Workers’ Compensation Commission rely on the factors outlined in the Employee Classification Act. They look at how much control your employer has over your work, whether you use their tools, and how integrated your role is into their business. If you’re doing the work of an employee, you are an employee.

Workers’ Compensation Rights for Misclassified Employees

Even if your paycheck says “1099,” you may still qualify for full workers’ compensation benefits, including:

• Medical care for your injury or illness
  
• Temporary total disability (TTD) benefits while you can’t work
  
• Permanent partial or total disability benefits if your injury leaves lasting limitations
  
• Vocational rehabilitation to help you return to work
  
• Death benefits for surviving family members if the injury is fatal

Illinois courts do not let employers off the hook just because they tried to cheat the system. If you were hurt on the job, hire a workers’ compensation lawyer and fight back. Let us help you claim the work injury benefits that are rightfully yours.

Employee Misclassification Is a Growing Problem

Across the U.S., misclassification has exploded, especially in industries like construction, trucking, healthcare, and gig work. 2020 National Employment Law Project (NELP) report, "Public Task Forces Take on Employee Misclassification," found that nearly 10–30% of employers misclassify at least some workers, and the practice has only grown with the rise of app-based and remote work models.

In Illinois, that means thousands of workers every year are at risk of losing the safety net they need most after a workplace injury. At Strong Law Offices, we see this abuse for what it is: wage theft, benefit theft, and a direct attack on injured workers.

How to Tell If You’ve Been Misclassified

You may have been misclassified if:

• Your employer dictates your schedule and work methods.
  
• You’re paid hourly or weekly rather than by project.
  
• You perform the same work as other employees.
  
• You rely on the company’s tools, equipment, or training.
  
• You don’t have the independence to run your own business.
  

If these sound familiar, it’s time to question your classification. Don’t let an employer’s paperwork rob you of the protections you deserve under Illinois workers’ compensation law.

Employee Misclassification in Bloomington, IL

At Strong Law Offices in Bloomington, Illinois, our work injury lawyers represent workers throughout Central Illinois who have been wrongly denied workers’ comp due to misclassification. We’ve seen employers try to sidestep responsibility, calling roofers “independent contractors,” delivery drivers “freelancers,” or nursing staff “temps.” These are not harmless mistakes. They are calculated strategies designed to minimize costs at your expense.

When your livelihood and health are on the line, you need an aggressive law firm that knows how to dismantle these defenses. We don’t back down. 

FAQs About Employee Misclassification and Workers’ Compensation

Can I still get workers’ comp if I was paid as an independent contractor?

Yes. If the facts show you were treated like an employee, you can pursue workers’ compensation benefits in Illinois, regardless of your tax classification.

What should I do if I think I was misclassified?

Document everything: your work schedule, pay stubs, communications, and job duties. Then call an attorney. Misclassification cases require strong evidence, and a lawyer can fight the employer’s denial.

Can my employer retaliate if I file a claim?

Retaliation for filing a workers’ comp claim is illegal in Illinois. If your employer fires, demotes, or punishes you for asserting your rights, you may have a separate legal claim.

Fight Back Against Employee Misclassification

If you’ve been denied workers’ compensation because your employer says you’re “not really an employee,” don’t accept it. That’s not just unfair. It’s unlawful. Strong Law Offices has a proven record of standing up for injured workers across Illinois and holding employers accountable when they break the rules.Call 309-393-2928 today for a free consultation with Strong Law Offices in Bloomington, IL.