Injury claims for Independent Contractors
Written by Rommel Dsouza
Updated at April 25th, 2025
Table of Contents
When a lead is working as an independent contractor, or doing unofficial work for someone without being a formal employee, they are not eligible for Workers’ Compensation.
However, they may still qualify under the “Others” category—if specific conditions are met.
Key Rule: Independent Contractors = Not Workers' Comp
If the lead says they were:
Working as an independent contractor, or
Helping someone out unofficially (e.g., side gigs, day jobs, cash jobs),
They do not qualify for Workers’ Compensation. In these cases, agents must explore the “Others” category instead.
When Can We Submit Under “Others”?
The main factor in submitting under the “Others” category is:
There must be negligence from the person or company the lead was working for.
This means:
The site, employer, or individual the lead was working for must have done something wrong (or failed to do something) that caused the injury.
What Counts as Negligence?
Examples of negligence could include:
The work site was unsafe (e.g., loose wiring, unstable ladders, no safety gear provided).
The lead was asked to do something dangerous without proper instructions or equipment.
A co-worker or the person in charge caused the incident due to carelessness.
Important Notes for Agents:
Ask clarifying questions if the lead says they were working "on their own" or "just helping someone out.”
Confirm whether the incident was caused by the person they were working for.
If there was no negligence from the other party, we cannot proceed under “Others.”
Summary:
| Scenario | Submission Category | Submit? |
|---|---|---|
| Official employee for company, injured on the job | Workers’ Comp | Yes |
| Independent contractor, no negligence | None | No |
| Independent contractor, with negligence | Others | Yes |