The easy answer to the question is no. Uh, if the injured individual is truly deemed an independent contractor, then they would not qualify for workers’ compensation benefits under the Wisconsin Workers’ Compensation Act. However, what I would say, and this is often the case, is that most workers that are told or deemed that they are independent contractors actually are not independent contractors. Um, in the state of Wisconsin, there’s actually a 9point test, and that injured worker has to meet every single one of those requirements in order for them to be an independent contractor. And more often than not, even when that injured worker is referred to as an independent contractor, they don’t meet the test and, as a result, can be deemed, um, an employee.
So, it’s important in this situation that even if your employer is calling you an independent contractor, even if you think you’re an independent contractor, that you consult with an attorney that runs through those nine points with you to confirm whether or not you truly are an independent contractor.
