Are Independent Contractors Entitled to Workers' Comp in Georgia?

Are Independent Contractors Entitled to Workers' Comp in Georgia?

Posted By Douglas F. Kaleita, P.C. || 9-Aug-2018

It’s becoming more and more common for companies to hire workers on a contract basis. Under Georgia law, employers are required to provide workers compensation for their employees, including medical and disability benefits for injuries on the job. But that begs the question: are contract workers eligible for workers’ comp and other benefits?

What If I’m a Private Contractor—Am I Still Considered an ‘Employee’?

The case may vary depending on the relationship between the employer and private contractor. If there is no debating that you are an independent contractor, then you are not entitled to workers’ compensation. However, it can be difficult to determine if you are qualified as independent contractor or self-employed.

There are various signs that can help you know your rights as a worker:

  • Type of Work: If your job role is part of the regular business operation, rather than an additional service to the business, this could prove an existing employee relationship with the company.
  • Type of Tax Form: If an employer withholds taxes, then you are most likely considered an employee. Receiving a 1099-K doesn’t necessarily mean you’re self-employed in the eyes of the state.
  • Job Tools: If your employer supplies all the tools and materials for your job, then you may not be an independent contractor.
  • Hours: If the employer sets hours for you, then this would indicate an employer relationship.
  • Filed a Contract: Did your work for the company begin with a contract as an Independent Contractor Agreement? Then you may be considered self-employed.

It’s important to keep in mind that employer/employee boundaries are shifting faster than ever. New relationships and arrangements will force courts to address workers’ compensation suits differently—which means you shouldn’t assume you don’t have a case. Call an Atlanta workers’ comp lawyer to discuss your specific case to learn your options.

Why Do Employers Want Me Labeled as a Contractor?

Employers obtain huge savings when they file workers as self-employed or independent contractors. Although it may be difficult to identify if you are truly self-employed, there are still methods to discover if you are legible for workers compensation. If you were injured on the job, there are possible chances for a litigation if you did not sign an independent contractor agreement with the employer.

For more information on worker’s compensation laws, contact our law firm to help answer all your questions. We will help you identify if you have a case and guide you through the process from start to finish.

Categories: Workers' Compensation