Generally, every Georgia Employer with 3 or more employees must carry workers’ compensation insurance. There are some exceptions for farm laborers, real estate professionals, and such. Independent contractors are not employees under the workers’ compensation act and therefore, they are not entitled to workers’ compensation benefits.
There is a lot of litigation over whether a person is an “employee” or “independent contractor”. The Court will consider all the facts surrounding the parties’ work relationship and expectations. 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.
While employers are required to carry workers’ compensation insurance, they sometimes do not. If you have been injured on the job and have questions about whether your employer has workers’ compensation insurance, please contact the Ramos Law Firm for a free consultation. Our workers’ compensation firm is headquartered in Atlanta, Fulton County, we handle matters throughout Georgia.