Independent contractor (workers' comp context)
A worker who is legally independent rather than an employee under the applicable workers' compensation test; labels and tax forms alone do not decide status.
Workers' compensation agencies look to statutory tests and the facts of the working relationship, not merely a contract label or Form 1099. Control, independence, business organization, tools, schedule, and other factors may matter depending on the state and industry.
California warns that calling a worker an independent contractor does not make it so and treats misclassification as a serious compliance problem. New York likewise states that employee status is a factual determination and publishes factors and examples rather than accepting labels at face value.
Where this definition comes from
Glossary entries are anchored to a state agency, statute, board, commission, or recognized workers' compensation authority rather than a generalized summary.
More terms
- Additional insured
- Agricultural/farm labor exclusion
- Assigned risk pool / residual market
- Casual employment
- CE-200 (New York)
- Certificate holder
- Certificate of election
- Certificate of insurance (COI)
- Civil penalty (uninsured employer)
- Class code
- Competitive state fund
- Construction vs non-construction classification