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
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
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.