Employee vs. Independent Contractor under Georgia Workers' Compensation Laws

Under Georgia's workers compensation laws employees of a business are covered by workers' compensation insurance, while independent contractors are not.  Independent contractors have been traditionally limited to construction.  With a general contractor overseeing a job and then hiring specialized sub or independent contractors to perform certain work, such as plumbing, electrical, roofing, etc.  But as the "gig economy"  (Uber, Doordash, etc.) continues to grow, this distinction can become critically important in the event you are injured in a work accident.

Am I considered an employee or independent contractor?

Sometimes, it’s unclear whether a worker is an employee or an independent contractor.  Here are some questions to help determine whether someone is considered an employee or independent contractor after a work injury in Georgia:

• Does a contract exist which reflects the intent of the parties regarding employment status?
• Is the worker is able to control the time, manner, and method of the work they are to perform?
• Is the worker paid by the job, or are they paid by time (hourly, weekly, etc)?
• Has the worker worked for the business for a long or short period of time?
• Is there an agreement between the parties that contemplates a definitive beginning and end of work to be performed?
• Does the worker provide their own tools and equipment to perform the job?
• Does the worker set their own hours?
• Does the business withhold taxes from the workers pay, or are they paid under a 1099 form?
• Can the business require the worker to perform additional work without adding additional pay?

As you can see, determining whether a worker is an independent contractor an employee resides in a legal gray area.  There are many facts that go into determining whether a worker is classified as an employee or independent contractor, which is why it is important to hire an experienced Georgia workers' compensation lawyer to help you win your case.

If you have suffered an injury a work give the our lawyers a call today for free consultation at 770-214-2500.

Joseph W. Brown II J.D.

PARTNER | WORKERS' COMP & MEDICAL MALPRACTICE ATTORNEY
SWS ACCIDENT & INJURY LAWYERS

Joseph W. Brown II is a partner at SWS Accident & Injury Lawyers with more than 16 years of experience representing injured individuals across Georgia. His practice focuses on workers’ compensation and medical malpractice matters, including complex claims, appeals, and litigation involving serious workplace injuries and medical negligence.

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