Are you An Employee or Independent Contractor? The Answer May Affect Your Workers' Compensation Claim.

An independent contractor is generally not entitled to recover workers’ compensation benefits. However, just because your employer labels you to be an independent contractor does not mean the Georgia State Board of Workers’ Compensation will agree. Whether an injured worker is considered an employee or independent contractor requires a fact specific analysis.

Georgia Courts Use the Following Factors to Determine Employment vs. Independent Contractor Status:

  • A contract reflecting the intent of the parties,
  • Whether the employer has the right to exercise control over the time, manner, and method of the work to be performed,
  • Whether the worker is paid by the job or by the hour,
  • Whether the worker is performing the job for a short or long period of time,
  • Whether the agreement between the parties contemplates a beginning and end,
  • Whether the worker furnishes his own tools,
  • Whether the work requires a significant amount of skill,
  • Whether the worker sets his own hours,
  • Whether the worker has his own employees,
  • Whether the business of the workers is separate and distinct from the employer,
  • Whether the workers is free to work for other employers,
  • And whether the employer has the right to add work without adding additional pay.

Depending on the specific facts of your case, you may be entitled to benefits even if the employer calls you an independent contractor. If you have been denied benefits on the grounds that you are an independent contractor, contact me today at 706-863-6600 or toll-free at 888-795-6261 for a free, no-obligation consultation.