{"id":368863,"date":"2021-09-23T13:08:12","date_gmt":"2021-09-23T18:08:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-a-1099-contractor.html"},"modified":"2026-05-21T12:44:58","modified_gmt":"2026-05-21T17:44:58","slug":"can-i-sue-a-1099-contractor","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-a-1099-contractor.html","title":{"rendered":"Can I Sue a 1099 Contractor?"},"content":{"rendered":"\n
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Can I Sue a 1099 Contractor?<\/h1>\n\n
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\n By Steven Ellison, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Yes, in certain instances you may be able to sue a 1099 contractor. These lawsuits often involve serious injury, property damage, or contract violations. <\/p>\n\n <\/div>\n\n\n\n

A contractor may be responsible for creating a problem. For example, you might get injured by an independent contractor doing work for an employer. You might have paid someone to do a job that they end up not doing. Your business could have hired an expert who then, using your confidential business information, does similar work for one of your competitors.<\/p>\n

If you find yourself in any of these positions, you may have a claim against either the worker or even, in some instances, the worker’s employer. A litigation attorney<\/a> could help you better understand the labor laws the protect you.<\/p>\n

Alternatively, if you are a 1099 contractor with a claim against your client or employer<\/a>, learn about your employment rights<\/a>.<\/p>\n

This article explains the liability differences between contractors, employees, and employers. It also shows examples of claims you may have against a contractor or the company that hired them.\u00a0<\/p>\n

What Is a 1099 Contractor?<\/h2>\n

The term “1099” comes from federal tax rules. The\u00a0Internal Revenue Service\u00a0classifies workers into two categories:\u00a0W2 workers<\/a>\u00a0and\u00a01099 workers<\/a>. W2 workers are called employees. 1099 workers are often referred to as independent contractors or 1099 contractors.<\/p>\n

In general, people hire 1099 contractors to perform a certain task or tasks. They might work on a specific project or perform a specific service. They can be hired on a short-term or a long-term basis. They get to choose when they work, how they work, and often where they can work. They choose what tools and methods to use. They can work for more than one person or business at a time. Most employees\u00a0can’t do these things and don’t have these options.<\/p>\n

Why Do Employers Hire 1099 Contractors?<\/h2>\n

There are several reasons why an employer might hire an independent contractor versus an employee<\/a>, such as:<\/p>\n