As the gig economy grows, more and more people are working as independent contractors. But what happens if an independent contractor gets injured on the job? Can they sue for workers compensation?

The short answer is no. Independent contractors are not eligible for workers compensation benefits. Workers compensation is a insurance policy that employers are required to carry to cover their employees if they get injured on the job. Since independent contractors are not employees, they do not qualify for coverage.

However, just because independent contractors cannot sue for workers compensation does not mean they are completely without options. If an independent contractor gets injured on the job, they can still file a lawsuit against the company they were working for, alleging negligence. In order to win this type of lawsuit, the independent contractor would need to prove that the company was responsible for their injuries, either through an act of negligence or by creating an unsafe work environment.

The key difference between filing a workers compensation claim and filing a lawsuit is that in a lawsuit, the independent contractor would need to prove fault. In a workers compensation claim, fault does not come into play – the injured employee is entitled to benefits regardless of who was at fault for the injury.

Another option for independent contractors is to purchase their own workers compensation insurance policy. While this may seem like an unnecessary expense, it can provide valuable protection in the event of an injury on the job. Some states even allow independent contractors to opt-in to their employer’s workers compensation insurance policy, although the exact rules vary by state.

In addition to workers compensation insurance, independent contractors should also consider purchasing disability insurance and liability insurance. Disability insurance can provide income replacement if the independent contractor is unable to work due to an injury, while liability insurance can protect the independent contractor from lawsuits filed by third parties.

In summary, while independent contractors cannot sue for workers compensation, they do have other options available to them if they are injured on the job. Filing a lawsuit against the company they were working for, purchasing their own workers compensation insurance policy, and purchasing disability and liability insurance are all worth considering for independent contractors.