Independent Contractor and Workers' Compensation

An independent contractor is “any person who renders service for specified recompense or a specified result under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.”¹

Independent contractors are not considered to be employees covered by workers’ compensation.²

Beginning July 1, 2020, the determination of independent contractor status in the workers’ compensation context is governed by the ABC test found in Labor Code section 2775. Under the ABC test, an individual is presumed to be an employee, unless the company can prove