An independent contractor is not considered to be an employee; and as a rule, is not eligible for workers’ compensation benefits. However, there are factors to be considered in assessing workers’ comp for independent contractors. The definition of employee versus independent contractor has been the focus of a significant amount of litigation.
The Court will consider all the facts surrounding the parties’ work relationship and expectations in order to determine if the contractor is eligible for benefits. Essentially, the analysis will come down to whether the potential employer had “control and dominion” over the worker. Some factors include:
- whether the potential employer controlled the worker’s schedule;
- required the worker to wear a uniform;
- withheld taxes; and
- generally supervised the worker’s daily tasks.
If the worker is deemed to have been controlled by the potential employer, the worker would be classified as an employee. Subsequently, if the employee suffers an injury that arose out of and in the course of employment, then the employee would be entitled to workers’ compensation benefits. These benefits would include medical benefits as well as weekly income payments if the employee was missing work because of her injury.
It is not uncommon for business to out-source projects or certain types of work to independent contractors. An independent contractor can fill in gaps during busy seasons, or add expertise that is not available in-house. Businesses get the benefit of avoiding payroll taxes on independent contractors.
If you are an independent contractor that has been injured on the job, and you have questions about your eligibility for benefits, call The Ramos Law Firm for a free consultation today.
Ramos & Law has been supporting Georgia’s workforce for nearly a decade. We practice 100% Workers’ Compensation law and we are carry the “highest possible peer review rating in legal ability and ethical standards” as rated by Martindale- Hubbell. Visit our website and blog for trends and news affecting Georgia workers.