Note: Andrew’s story is a fictional scenario written to help illustrate how an independent contractor without workers’ compensation insurance can still recover damages from an employer through a personal injury lawsuit.
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If you’re an independent contractor who has been injured on the job, you may still have options to seek compensation—whether or not you have workers’ compensation insurance.
In this article, we will explore the key considerations and rights for independent contractors injured on the job, including the role of workers’ compensation and personal injury lawsuits.
Employee or Independent Contractor?
When you’re injured on the job, the first step is determining if you’re classified as an “employee” or an “independent contractor.” This distinction matters because employees typically qualify for workers’ compensation, while independent contractors may not.
However, employers sometimes misclassify workers as independent contractors to save on costs, so it’s crucial to verify your classification.
Workers’ Compensation Insurance: With or Without Coverage
Independent contractors in many states, including Arkansas, are not required to carry workers’ compensation insurance, but they may choose to voluntarily purchase a policy.
If you’re an independent contractor with workers’ compensation coverage, your policy generally limits your ability to sue your client or employer for personal injury.
However, if you are an independent contractor injured on the job without your own workers’ compensation insurance, you may have the option to pursue a personal injury lawsuit against the responsible party—especially if negligence caused your injury.
Factors Leading to Injuries on the Job
When an independent contractor is injured on the job, various parties may be at fault. For example, if you’re working on a construction project, individuals or entities such as engineers, property owners, general contractors, subcontractors, or equipment suppliers may have contributed to unsafe conditions that caused your injury.
Some common causes of job site injuries due to negligence include:
- Reckless driving on or near the job site
- Poorly designed or implemented plans
- Lack of training or inadequate supervision
- Improperly installed scaffolding or barriers
- Negligent co-workers or other contractors
- Faulty safety equipment, tools, or machinery
- Structural collapses due to improper setup
- Inadequate hazard controls for chemical leaks or spills
Types of Injuries Sustained on the Job
Independent contractors injured on the job, especially in high-risk industries like construction, may suffer from a range of injuries, including:
- Falls from heights or unprotected areas
- Electric shocks from faulty wiring or exposed circuits
- Occupational diseases related to chemical exposure
- Repetitive strain injuries from continuous motion
- Vehicle accidents both on-site and off-site
- Toxic exposure to hazardous chemicals
- Structural collapse injuries, such as in trench collapses
- Wrongful death in extreme cases
These injuries can lead to substantial medical costs, lost income, and long-term rehabilitation needs. If you were injured on the job under these circumstances, understanding your rights and options for compensation is essential.
What You Can Do if Injured on the Job
If you’re an independent contractor injured on the job, consult an attorney to evaluate the specifics of your case. An attorney can help determine if you’re covered under workers’ compensation or if you can pursue a personal injury lawsuit.
A lawyer experienced in workers’ compensation and personal injury claims can identify potential liable parties, evaluate your injuries, and help establish a plan for compensation.
Filing a Personal Injury Lawsuit
If someone’s negligence directly caused your injury, you might be able to file a personal injury lawsuit. In such a case, you must establish that:
- Another party owed you a duty of care.
- They breached that duty by failing to maintain a safe environment.
- The breach directly resulted in your injury.
- You sustained real damages, such as medical bills, lost wages, or pain and suffering.
In Arkansas, if you are found to be 50% or more at fault for your injury, you cannot recover compensation. A lawyer can help you assess your fault level, gather evidence, and represent you in court to maximize your chance of a fair recovery.
Be aware that personal injury claims in Arkansas have a three-year statute of limitations from the date of the injury.
Product Liability and Defective Equipment
If your injury was due to faulty equipment, you might have a product liability claim against the manufacturer or supplier. For a successful product liability claim, you must prove that:
- You were using the equipment as intended.
- The equipment had a dangerous defect.
- The defect existed when the product left the manufacturer or supplier.
This type of claim allows you to hold equipment makers accountable for any unsafe design or manufacturing defects that led to your injury on the job.
Personal Injury vs. Workers’ Compensation Claims
Understanding the difference between personal injury claims and workers’ compensation claims is essential if you’re injured on the job. Workers’ compensation covers medical bills, lost wages, and disability benefits, regardless of who was at fault. This insurance aims to provide quick compensation for job-related injuries without requiring proof of fault.
On the other hand, a personal injury claim can offer compensation for non-economic damages, such as pain and suffering, which are not covered under workers’ compensation.
Personal injury claims are fault-based, meaning you must prove that another party’s negligence caused your injury on the job.
For independent contractors with workers’ compensation insurance, there’s no need to prove fault to receive compensation, as workers’ comp benefits are paid out for any job-related injury.
However, if you don’t have workers’ comp insurance, you may need to pursue a personal injury lawsuit if another party’s negligence was involved.
Andrew’s Story

Andrew is a construction worker who operates as an independent contractor. One day, as he repelled from the roof, his harness defected and caused Andrew to fall from 15 feet in the air. Andrew suffered multiple breaks and fractures, requiring immediate medical care.
It was determined that the safety harness Andrew used to repel from the roof was defective, and this was a result of the employer’s failure to fulfill the responsibility of conducting safety inspections.
Andrew does not have workers’ compensation insurance, so he decided to sue his employer for personal injury. It was not a product liability lawsuit since the safety harness was in working condition when it left the manufacturer.
How We Can Help
The Law Offices of Craig L. Cook can help you determine who (if anyone) is at fault for your injury, how to prove negligence (if present), and what compensation you have the rights to pursue.
Whether you are an independent contractor with workers’ compensation or would like to sue someone for personal injury, we are here to represent you. We specialize in these practice areas, and we can help you build a case for either.
With our help, you won’t be alone in the fight for your rights!