Can independent contractors claim workers’ compensation benefits?

On Behalf of | Jul 8, 2025 | Workers' Compensation |

Delaware’s workers’ compensation system helps employees who get injured at work. However, independent contractors usually cannot get these benefits. The main difference between employees and independent contractors is how they work and who is responsible for what.

Employee vs. independent contractor: What’s the difference?

Workers’ compensation benefits mainly apply to employees, not independent contractors. Employees work for a company that controls how, when, and where they work, while independent contractors run their own businesses. Since Delaware’s workers’ compensation system is set up for employees, independent contractors usually don’t qualify for these benefits.

Are there any exceptions for independent contractors?

In some cases, independent contractors might still be able to get workers’ compensation benefits. If an independent contractor is treated more like an employee—meaning they follow specific instructions from someone else—they might qualify for coverage. Independent contractors can also buy their own workers’ compensation insurance to protect themselves in case of an injury.

What options do independent contractors have for injury coverage?

Independent contractors need to find other ways to cover themselves if they get hurt on the job. One option is to buy private insurance, such as disability or workers’ compensation insurance. This kind of insurance can help pay for medical bills and lost wages. Delaware doesn’t allow independent contractors to join the state’s workers’ compensation system, but they can get private coverage to protect themselves.

If you’re an independent contractor in Delaware, think about getting your own insurance or taking extra steps to stay safe while you work.

Workers’ compensation options for self-employed workers

Since independent contractors don’t get automatic benefits like employees, they need to make sure they have protection. Although Delaware doesn’t offer workers’ compensation to self-employed workers, independent contractors can buy their own insurance. Check out policies that cater to contractors and freelancers to ensure you’re covered if an accident happens.