[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/independent-contractor-file-for-workers-comp\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/independent-contractor-file-for-workers-comp\/","headline":"Can an Independent Contractor File for Workers\u2019 Comp in Georgia?","name":"Can an Independent Contractor File for Workers\u2019 Comp in Georgia?","description":"If you are an independent contractor and not an employee, you cannot file for workers\u2019 compensation benefits in Georgia. With that said, some employers deliberately misclassify employees as \u201cindependent contractors\u201d because they want to avoid paying workers\u2019 compensation premiums. Even though such an employer may give you a...","datePublished":"2019-10-02","dateModified":"2026-02-26","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/#Person","name":"John Sherrod","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2019\/10\/file-claim.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2019\/10\/file-claim.jpg","height":666,"width":1000},"url":"https:\/\/www.sherrodandbernard.com\/blog\/independent-contractor-file-for-workers-comp\/","about":["Workers' Compensation"],"wordCount":1004,"articleBody":"If you are an independent contractor and not an employee, you cannot file for workers\u2019 compensation benefits in Georgia. With that said, some employers deliberately misclassify employees as \u201cindependent contractors\u201d because they want to avoid paying workers\u2019 compensation premiums. Even though such an employer may give you a label, that label will not control. Instead, you must look at the actual nature of the relationship between you and the employer.So, even if you filed a workers\u2019 compensation claim that an employer denied because of your status, you may benefit from getting an objective, independent review of your case. An experienced\u00a0workers\u2019 compensation attorney\u00a0at Sherrod & Bernard, P.C., may find that you have been mislabeled as an \u201cindependent contractor.\u201d You may actually be an employee that qualifies for workers\u2019 compensation benefits.What Is an Independent Contractor in Georgia?You can find\u00a0independent contractors\u00a0throughout Georgia\u2019s economy today. They are people who provide everything from food delivery to emergency iPhone repairs.Generally speaking, you will meet the definition of an independent contractor in our state if you:Sign a contract with another party that expressly or implicitly creates an independent contractor relationshipRetain the right to control the time, manner and method of work that you provideGet paid on a set price per job rather than on an hourly or salary basis.Many businesses like doing work with independent contractors because they can avoid the costs of providing a physical work area and\/or tools and equipment, health benefits and workers\u2019 compensation insurance. However, in some cases, it doesn\u2019t matter whether an employer labels you an \u201cindependent contractor\u201d or not. Instead, it depends on the nature of your relationship with the employer.Some factors that can determine whether you are an employee or independent contractor are:Contract \u2013\u00a0Does the language of the contract call you an \u201cindependent contractor\u201d but otherwise create a traditional employer-employee relationship? It may be possible that a contract clearly establishes your status as an employee.Pay \u2013\u00a0If you are paid on an hourly or weekly basis rather than per project, then it would lean towards you being an employee rather than a contractor.Taxes \u2013\u00a0If your wages are reported on a 1099 form rather than on a W-2 form, it will lean towards you being deemed to be an independent contractor. However, you may still be an employee even if you use a 1099 form. Again, it depends on the nature of the relationship.Type of work \u2013\u00a0If you are hired to do something that is a part of the employer\u2019s regular business, it will lean towards you being an employee. For instance, you may be an employee if you are hired to cut lawns for a lawn mowing company. However, you may be an independent contractor if a neighbor hires you to mow the lawn.Tools and resources \u2013\u00a0If the employer supplies all of the tools and resources that you need in order to complete the job, then you will likely be seen as an employee rather than as a contractor.Overall control \u2013\u00a0If the employer basically tells you where to perform a job, what time you are supposed to do it, what tools you will use to do it and the method you will follow when doing it, then you are likely an employee and not an independent contractor.If you are an employee rather than an independent contractor, you may be eligible for workers\u2019 compensation benefits that can cover your medical expenses and pay a portion of the wages that you lose due to a disability. However, even if you are not an employee and thus ineligible for benefits, you should still talk with a lawyer to learn about your options.What Can You Do If Your Employer Mislabeled Your Employment Status?If your employer has labeled you as an \u201cindependent contractor,\u201d your attorney from\u00a0Sherrod & Bernard, P.C., can act on your behalf and explain to the employer that you have a right to workers\u2019 compensation benefits. If the employer refuses to do the right thing, then we will be prepared to request a hearing before the State Board of Workers\u2019 Compensation and represent you at the hearing.At a hearing, you would get the chance to present evidence that establishes that you are an employee. For instance, you may have pay stubs which show that you were paid by the hour or a contract that essentially creates an employer-employee relationship. If the hearing does not result in a decision in your favor, we can help you to appeal the decision and keep fighting on your behalf.What Can You Do If You Are an Independent Contractor in Georgia?If you are independent contractor in Georgia who gets hurt while on the job, you may have options that go beyond workers\u2019 compensation insurance. Those options may include:Filing a lawsuit \u2013\u00a0If someone else\u2019s negligence caused you to suffer injuries, then you can file a lawsuit against that party. The lawsuit may cover damages such as past and future medical expenses, lost income, diminished future earning capacity and pain and suffering. One of the advantages of workers\u2019 compensation benefits is that you do not have to prove anyone\u2019s fault. To recover in a lawsuit, you will need to establish fault.Seeking disability benefits \u2013\u00a0If you suffer from a disability, then you may be eligible to receive federal Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. An attorney can help you to determine if you meet the federal government\u2019s definition of a disability and help you to go through the application process.Get Help from Our Douglasville Workers\u2019 Compensation AttorneysIf you have been hurt while working, we know how important workers\u2019 compensation benefits can be for you. At Sherrod & Bernard, P.C., our worker\u2019s compensation lawyers will work tirelessly for you and pursue all benefits you are due.\u00a0Contact us today\u00a0for a free, no-risk consultation and learn more about how we can help you."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can an Independent Contractor File for Workers\u2019 Comp in Georgia?","item":"https:\/\/www.sherrodandbernard.com\/blog\/independent-contractor-file-for-workers-comp\/#breadcrumbitem"}]}]