Independent Contractor Injury Lawyer

Independent contractors often perform physically demanding work while lacking the protections many traditional employees receive. If you were injured while working as an independent contractor, the path to compensation is not always straightforward. Florida law provides several avenues depending on how your work relationship was structured and who may have contributed to the accident. 

At Smith Feddeler & Smith, P.A., we help injured contractors identify those options and pursue the compensation they deserve. Call (863) 355-4204 or contact us online to discuss your situation. 

Why Choose Smith Feddeler & Smith, P.A. For Your Injury Case

Insurance companies evaluate claims differently depending on the law firm handling the case. After more than 50 years representing injured Floridians, insurers know that Smith Feddeler & Smith, P.A. prepares every case as though it is going to trial. That preparation creates real negotiating leverage for our clients.

Here is what our approach looks like in practice:

• Thorough case investigation: We gather employment records, contracts, tax documents, and expert opinions to build a complete picture of how the injury occurred and whether your contractor classification was proper.
• Long-standing Florida presence: Since 1968, our firm has represented injured workers and their families across the state, including contractors navigating complex liability questions that workers’ compensation alone does not resolve.
• Dedicated staff at every level: Our attorneys and support staff bring decades of combined experience handling contractor injury claims, ensuring nothing is overlooked from the initial classification review through final resolution.
• Consistent client communication: Independent contractor cases can involve multiple parties and moving parts. We keep you informed at every stage so there are no surprises about where your case stands.

Who Qualifies as an Independent Contractor Under Florida Law

An independent contractor generally performs work for a business but operates outside the traditional employer-employee relationship. However, the line between employee and contractor status is not always clear. Under Florida Statutes § 440.02, our team may review the working relationship to determine whether a worker was properly classified. Factors commonly considered include:

• Control over work performance: Whether the hiring party directs how and when the work is completed, or whether the worker operates independently.
• Equipment and tools: Whether the worker supplies their own equipment or relies on tools provided by the hiring party.
• Payment structure: Whether the worker is paid per project, by invoice, or on a regular salary schedule similar to an employee.
• Multiple clients: Whether the worker provides services to several clients or works exclusively for one business.

If a worker was misclassified, additional legal remedies may become available, including access to workers’ compensation benefits they were previously denied.

Common Situations Where Independent Contractors Are Injured

Independent contractors work across construction, transportation, delivery, and skilled trades. Common situations our team handles include:

• Construction site accidents
• Vehicle crashes during deliveries or site travel
• Equipment malfunctions caused by defective or poorly maintained tools
• Slip and fall incidents on hazardous job sites
• Electrical injuries resulting from unsafe wiring or improperly grounded equipment

Unlike employees who may automatically qualify for workers’ compensation benefits, independent contractors may need to pursue claims through alternative legal avenues, including personal injury claims against negligent third parties.

When Workers’ Compensation May Still Apply

In some situations, an independent contractor may still qualify for workers’ compensation coverage. Certain construction contractors may be required to carry workers’ compensation insurance depending on the nature of the work under Florida Statutes Chapter 440. Our team will review employment agreements, tax documents, and job site conditions to determine whether coverage should apply.

Establishing Liability and Pursuing Compensation

When workers’ compensation does not apply, injured contractors may pursue claims against negligent third parties. Potentially liable parties may include a negligent driver who caused a delivery accident, a property owner who failed to maintain safe conditions, a subcontractor who created a hazardous work environment, or a manufacturer whose defective equipment caused the injury.

These claims require establishing four elements: that the responsible party owed a duty of care, that they breached that duty, that the breach directly caused the injury, and that the injury resulted in measurable losses. Florida’s modified comparative negligence rule under Florida Statutes § 768.81 allows recovery even when you share some responsibility. However, if you are found more than 50 percent at fault, Florida law bars recovery entirely.

Compensation in these cases may include:

• Medical expenses: Hospital visits, surgeries, rehabilitation, and any future treatment required as a result of the injury.
• Lost income: Earnings lost during recovery, including project income and contracts that could not be fulfilled.
• Reduced earning capacity: When injuries permanently limit the type or volume of work a contractor can perform.
• Pain and suffering: Compensation for physical pain and the emotional impact of the injury on daily life.

Florida law sets a filing deadline for these claims. Under Florida Statutes § 95.11, most negligence-based injury claims must be filed within two years. Missing this deadline may prevent a claim from moving forward entirely.

Frequently Asked Questions About Independent Contractor Injury Cases

Does Being Paid as a 1099 Worker Mean I Cannot File a Personal Injury Claim?

Not necessarily. Being paid on a 1099 basis does not automatically determine your legal rights after an injury. The classification that appears on your tax documents may not reflect the actual nature of your working relationship. If the hiring party exercised significant control over how and when your work was performed, you may have more legal options available than your contractor label suggests. A review of the full working relationship is the best way to understand what claims may apply to your situation.

What If I Was Misclassified as an Independent Contractor?

Misclassification can occur when a worker is labeled as a contractor even though their working conditions resemble those of an employee. A review of the working relationship, tax documents, and employment agreements can help determine whether misclassification occurred and whether additional legal remedies apply.

What If Multiple Companies Were Involved in the Job Site?

Construction and contracting projects often involve several companies working simultaneously. Liability may extend to multiple parties depending on who created or controlled the hazardous condition. Each party’s role and level of control over the work site will factor into the liability analysis.

Contact Our Independent Contractor Injury Lawyers Today

Independent contractor injury cases raise complicated legal questions about classification, liability, and available compensation. With more than 50 years of experience and a reputation for taking cases to trial, Smith Feddeler & Smith, P.A. is prepared to stand with you through every stage of the process. Insurance companies know we prepare every case as though it is going to trial, and that preparation creates real leverage for our clients.

If you were hurt while working as an independent contractor, call Smith Feddeler & Smith, P.A. at (863) 355-4204 or contact us online to speak with our team about your situation.

Office Location

Lakeland

832 Florida Avenue South
Lakeland, FL 33801

(863) 688-7766

Brandon

202 E Brandon Blvd. Suite 107
Brandon, FL 33511

(863) 688-7766

Kissimmee

1101 Miranda Lane
Ste1331, Kissimmee, FL 34741

(863) 688-7766

Tampa

100 S Ashley Drive
Suite 600, Tampa, FL 33602

(863) 688-7766

Orlando

4700 Millenia Blvd
Orlando,FL 32839

(863) 688-7766

Clearwater

13575 58th St North #200
Clearwater, FL 33760

(863) 688-7766

$1,200,000.00
Workers’ Compensation

Claimant worked as a tree guy and a giant limb fell on him. Claimant developed CRPS and ended up wheelchair bound. Our firm was successful in obtaining many benefits to the Claimant prior to settlement, including multiple home modifications, wheelchair ramps, authorization of medical specialist, and implantation of a spinal cord stimulator.

$350,000.00
Workers’ Compensation

Claimant worked as a bus driving and during an evacuation she jumped off the bus causing her to fall resulting in a serious back injury.

$269,671.00
Workers’ Compensation

Claimant worked performing clerical type job in an office. She was asked to carry a box down stairs when she slipped and fell down the flight of stairs injuring her head, neck and lefts arm / wrist / hand.

$220,100.00
Workers’ Compensation

Claimant worked for a temp service. He was helping to unload a trailer when his foot went through a board on the floor of the trailer causing his to fall, shattering his pelvis, and causing serious injury to his back, hip and head.

$1,223,423.00
Workers’ Compensation

Claimant worked as a selector / forklift driver. This case involved a specific injury to her right leg / knee. She continued to work which resulted in repetitive and cumulative trauma to the right knee and CRPS.

$630,000.00
Workers’ Compensation

Claimant worked for a transport company. One day he was forced to get under a trailer and while he was lifting and twisting, the Claimant injured his back and knee, which was left untreated until he retained representation and filed Petitions for Benefits. Unfortunately, the severity or the injury coupled with the delay in treatment caused the Claimant to developed CRPS.