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Independent Contractor Exclusion

Workers compensation typically does not cover true independent contractors; misclassification creates coverage and penalty exposure.

States use different tests (economic realities, ABC test) to distinguish employees from contractors. Misclassified workers denied WC may sue; employers face fines and back premiums.

Examples

A gig driver classified as contractor suffers injury; state finds employee relationship — employer owes WC benefits retroactively.


Common Misconceptions

Using a 1099 label alone to avoid WC. Failing to verify subcontractor certificates of insurance.


Related Terms

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This definition is provided for informational and educational purposes. Insurance terminology may vary by jurisdiction, policy, and context. Consult a licensed professional for guidance specific to your situation.

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