Can a 1099 employee collect worker’s comp from their employer if they get injured in a client’s home?

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Can a 1099 employee collect worker’s comp from their employer if they get injured in a client’s home?

Is there any recourse against the employer or must you depend on your personal insurance only?

Asked on February 9, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A 1099 "employee" is not an employee: he or she is an independent contractor. An independent contractor is not covered by the employer's worker's compensation; he or she would have to provide his or her own insurance (e.g. disability insurance) to cover being injured and/or unable to work.


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