Can a Freelancer File a Workers’ Compensation Claim?


In the current world, freelancers contribute about 15% of the workforce. This fact raises questions when it comes to compensation claims and more. This is because, in most places, freelancers fall outside the workers’ compensation circle because of their work structure. Traditionally, workers get compensation when they are injured on the job.

However, freelancers are mostly independent contractors and are not eligible for compensation claims. However, in some states, freelancers can file compensation claims under applicable laws. As a freelancer, it is important to buy a workers’ compensation insurance policy for yourself. This insurance policy will help to recover compensation for various reasons.

A workers’ compensation lawyer from Klezmer Maudlin or other such great law firms can help you file for compensation as a freelancer. This is because some instances make you eligible to file the claim as a freelancer.

Read on below to find out when to apply for compensation as a freelancer and more.

When to Apply for Workers Compensation as a Freelancer

As a freelancer, you can apply for workers’ compensation in several scenarios, like:

Breach of Contract

A freelancer can seek compensation when there is a breach of contract. This breach can occur when one of the parties involved fails to meet the obligations. For instance, a party can fail to pay for materials on time or make timely deliveries.

In such cases, a freelancer can file for compensation depending on the contents of the contract. In other words, the law allows freelancers to file for workers’ compensation if any of the terms are not adhered to.

Fraud or Misrepresentation

A freelancer can also file for compensation if a client engages in dishonest practices. For example, if a client misrepresents a project, a freelancer is eligible to apply for a workers’ compensation claim. This is because damages would be incurred because of the dishonesty.

Intellectual Property Violations

Freelancers can also seek workers’ compensation if a client uses their work beyond the agreed – upon terms. In this case, the client would have infringed on the intellectual rights of the property.

Injuries at Clients’ Meeting

A freelancer can get injured while attending a client’s meeting. In this situation, they are allowed to apply for workers’ compensation. This is because the meeting is an activity that is considered part of the work. In other words, a freelancer at a client’s property acts like a worker. This makes them eligible for workers’ compensation.

Strengthening a Workers’ Compensation Claim as a Freelancer

When looking to file a workers’ compensation claim as a freelancer, there are measures to take. Below are the ones you should consider:

Define the Working Relationship Clearly

You must provide a written agreement to articulate the nature of the freelance agreement. In this agreement, specify that you are an independent contractor in a specific field. Also, include what you do and the terms of payment.

Include a Termination Clause

Add a termination clause to the written agreement. This will allow any party to terminate the agreement at any time. This proves there is no long-term commitment inherent in a client-freelancer relationship.

Use Personal Business Tools

Make use of your tools and equipment for the job. This works to emphasize the freelance nature of your work. This move also justifies the independent nature of your work as a freelancer.

Invoice for Services You Give

Always provide professional invoices for all the services you offer. This way, there is a formal record of the work you do. Invoices also strengthen your status as an independent contractor. Thus, in a workers’ compensation claim, you can have solid proof of work.


To sum up, the traditional workers’ compensation system does not favor freelancers. However, some situations change this whole scenario. To be successful, you must adhere to all the regulations in the workers’ compensation system.

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