A lot of injured workers hear this line after getting hurt:
“You’re a contractor, not an employee — workers’ comp doesn’t apply to you.”
That statement is often wrong.
Just because your employer calls you a “1099” worker does not automatically mean you are not covered by workers’ compensation in Nebraska.
Job Title Doesn’t Decide Coverage
What matters is how the work relationship actually functions, not the label your employer uses. Courts and the Nebraska Workers’ Compensation Court look at things like:
- Who controls how the work is done
- Who provides tools and equipment
- Whether you can refuse work
- Whether you work primarily for one company
- How you are paid
If your employer controls your schedule, how you do your job, and the tools you use, you may legally be an employee — even if they pay you as a contractor.
Why Misclassification Happens
Some companies label workers as independent contractors to:
- Avoid paying workers’ comp insurance
- Avoid payroll taxes
- Avoid benefits
This can leave injured workers confused and unprotected unless the classification is challenged.
What to Do If You’re Told You’re a Contractor
If you’re hurt and your employer says you’re not covered:
- Do not assume they’re right
- Get medical treatment
- Document your work setup
- Talk to a workers’ comp attorney about whether you were misclassified
Many workers who think they are “contractors” actually qualify for workers’ compensation benefits under Nebraska law.
Bottom Line
Being paid 1099 does not automatically disqualify you from workers’ compensation. If your employer controls your work, you may still have rights. It’s worth checking before walking away from benefits you might be entitled to.