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Independent contractors are not eligible for workers' compensation coverage; employers are not required by state law to purchase coverage for independent contractors. However, some employers misclassify employees as independent contractors to avoid paying payroll taxes and workers' comp premiums for them.
Most employers are required to have workers' compensation in Indiana. Workers' compensation insurance provides benefits to workers that get sick or injured as a result of their job. Workers' compensation also helps protect business owners in the Hoosier State by limiting their liability for work-related accidents.
If you're an independent contractor in a construction trade, those who hire you are not required to provide you with workers' compensation insurance as long as you meet the IRS tests for independent contractor status.
Independent contractors are self-employed workers who provide services for an organisation under a contract for services. Independent contractors are not employees and are typically highly skilled, providing their clients with specialist skills or additional capacity on an as needed basis.
Indiana Workers' Compensation Requirements In Indiana employers are required to purchase workers' compensation coverage if they employ one or more workers. Sole Proprietors, Partners and LLC Members are all excluded from coverage, but have the option to be included.
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
If you are a business owner or contractor who provides services to other businesses, then you are generally considered self-employed. For more information on your tax obligations if you are self-employed (an independent contractor), see our Self-Employed Individuals Tax Center.
The law defines a worker as an independent contractor if he/she meets the guidelines of the IRS (See statute quote above in section 2). Senate Enrolled Act 576, (Public Law 168), provides that all independent contractors, not just those in the construction trades, may now obtain a clearance certificate.
A 1099 worker is one that is not considered an employee. Rather, this type of worker is usually referred to as a freelancer, independent contractor or other self-employed worker that completes particular jobs or assignments. Since they're not deemed employees, you don't pay them wages or a salary.