How Do I Recover Damages if I'm an Independent Contractor and I'm Injured at Work?

 Posted on February 09, 2026 in Work Injuries

Independent contractors face unique challenges when trying to get compensation for work injuries. Unlike regular employees who can file workers' compensation claims, contractors often find themselves in legal gray areas.

You may wonder what options you have for recovering damages if you’ve been injured at your contracting job. A Barrington personal injury lawyer can help you explore all your options.

Am I Really an Independent Contractor or Actually an Employee?

The first and most important question is whether you are truly an independent contractor or if you should be classified as an employee. This makes a huge difference in your ability to recover damages.

Many companies incorrectly classify workers as independent contractors when they should legally be considered employees. According to the Illinois Workers' Compensation Act (820 ILCS 305), the key is the level of control the company has over your work. If the company controls when, where, and how you perform your job, you may actually be an employee even if you signed a contractor agreement.

Things the court will use to determine if you are an employee or contractor include:

• If the company provides your tools and equipment or if you bring your own
• If this company requires you to work exclusively for them.
• If the company sets your schedule and supervises your work closely.
• If the company provides training on how to do the job.
• How long you have worked for this company.
• If your work is a part of the company's core business.

If these things suggest you are actually an employee, you may be able to file a workers' compensation claim. Workers' compensation provides benefits for medical expenses, lost wages, and permanent disability without you having to prove the company was negligent.

What If I'm Truly an Independent Contractor?

If you actually are an independent contractor, you still have other legal options for recovering damages in 2026.

Sue the Company for Negligence

Unlike employees, independent contractors can sue the company directly if the company's negligence caused your injury. You will need to prove that the company was obligated to provide a reasonably safe work environment and failed to do so. You will also need to show that this failure directly caused your injury and that you suffered damages like medical bills, lost income, or pain and suffering.

File a Third-Party Claim

Sometimes a third party other than the company you contracted with is responsible for your injury. This could include equipment manufacturers, property owners, or other contractors whose negligence contributed to the accident.

Third-party claims allow you to pursue compensation from anyone whose actions or products caused your injury. These claims can sometimes result in higher compensation than workers' compensation.

Check Your Insurance Coverage

As an independent contractor, you may have purchased your own insurance policies that could provide coverage for work-related injuries. Review any business liability insurance, health insurance, or disability insurance policies you have. Some policies include coverage for injuries that occur while you are working, even if they happen at someone else's job site.

What Damages Can I Recover as an Injured Independent Contractor in Illinois?

If you succeed in proving negligence by other parties, damages could include: 

• Emergency room visits
• Surgeries
• Hospital stays
• Medications
• Physical therapy
• Future medical care related to your injury
• Pain and suffering

You can also recover lost income for the time you missed work while recovering and reduced earning capacity if your injury prevents you from performing the same type of work in the future.

Steps to Take Immediately After a Work Injury

Seek medical attention right away, even if your injuries seem minor. Some injuries take time to appear, while evidence for other injuries is quickly lost. For example, you may have had an injury that caused internal damage and a large bruise. However, the bruise will fade – and if you’re still experiencing pain, all you have is your word for it.

Document everything related to the accident. Take photos of the accident scene, your injuries, and any unsafe conditions that contributed to the incident. Get contact information from any witnesses who saw what happened. Keep copies of all medical records, bills, and receipts related to your treatment.

If you haven’t already, report the injury to the company you were working for as soon as possible. Send your report in writing and keep a copy for your records. Finally, don’t give recorded statements to insurance companies or sign any documents without speaking to an attorney first.

Call a Lake County, IL Personal Injury Lawyer Today

Recovering damages as an injured independent contractor entails complex legal issues. At Barrington Injury Attorneys, we help clients who have been injured on the job understand their options and fight for the compensation they deserve.

Contact Barrington Injury Attorneys at 224-900-HURT today to schedule your free consultation with a Barrington work injury attorney who will work to maximize your recovery.