Are Independent Contractors Eligible for Workers' Compensation?

If you have been classified as an independent contractor by your employer, you may have been told that you are not eligible for workers' compensation. This may not be the case.

At the law firm of Hilley & Frieder in Atlanta, our attorneys offer a free initial consultation to determine if you are eligible for workers' compensation for a job-related injury. We will also evaluate your case to determine if you may be entitled to compensation by filing a personal injury lawsuit. Call 404-233-6200 to talk with a skilled Atlanta injury lawyer.

When Can Independent Contractors Receive Workers' Comp?

Sometimes employers misclassify workers as independent contractors so they can avoid paying them benefits. If you should have been classified as an employee based on your employment relationship, you would be entitled to workers' comp benefits.

Georgia law looks at several factors to determine if you are an independent contractor or an employee. Here are some examples:

  • Are you free to work for other employers?
  • Does your employer control how you perform your work?
  • Does your employer withhold taxes from your pay?
  • Does your employer provide you with tools and training to do your job?
  • Do you have a defined work schedule?
  • Does your employment have an end date?

The more control your employer has over the work you do, the more likely it is that you are an employee rather than an independent contractor. The distinctions between an independent contractor and an employee are subtle, and only an experienced lawyer can tell you if you were properly classified.

Talk to a Workers' Compensation Lawyer Today

To discuss your legal options if you are injured on the job, call 404-233-6200 today. You can also reach us via our contact form.

Ronald Hilley was the contributing attorney to this content.