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Can Independent Contractors Get Workers’ Compensation in Arizona?

  • Writer: Christopher S. Norton, Esq.
    Christopher S. Norton, Esq.
  • Jul 12
  • 2 min read

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If you’ve been injured on the job in Arizona and your employer says you’re an “independent contractor,” you might wonder: Do I still qualify for workers’ compensation benefits? The answer is: maybe—it depends on the facts of your working relationship.


The Label Doesn’t Decide—The Law Does

Even if your employer calls you an independent contractor, that label alone doesn’t determine your eligibility. Arizona law looks at how the working relationship actually functions, not just what it’s called.


What Really Matters

To decide whether you’re an employee or an independent contractor, several factors are considered:

  • Control: Does the employer control how, when, and where you do your work?

  • Tools and Equipment: Who provides the tools and materials?

  • Payment Method: Are you paid by the job or by the hour/salary?

  • Right to Hire/Fire: Can the employer terminate you at will?

  • Nature of Work: Is the work part of the employer’s regular business?

  • Work Schedule: Who sets your hours?

No single factor is decisive. Instead, all relevant facts are weighed together.


Written Agreements Aren’t Final

Some businesses use written agreements to establish an independent contractor relationship. These agreements may include language stating that the worker is not entitled to workers’ compensation. However, even with such an agreement, the actual working conditions can override what’s written if they show the worker is effectively an employee.


What If You’re Injured?

If you’re hurt on the job and your employer didn’t carry workers’ compensation insurance because they believed you were an independent contractor, you can still file a claim. Arizona’s workers’ compensation system will investigate your employment status and determine whether you’re eligible for benefits.


Bottom Line

Even if your employer considers you an independent contractor, you may still qualify for workers’ compensation in Arizona. The key is how your working relationship actually operates—not just what it’s called on paper.


If you’re unsure about your status or have been denied benefits, it’s a good idea to speak with a workers’ compensation certified specialist or contact the Industrial Commission of Arizona for help.


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