| This article is made available for educational | | | | contractor agreements, Partners in a business, |
| purposes only, to give you general information | | | | and Independent Contractors. |
| and a general understanding of the law, not to | | | | Georgia Workers Compensation does NOT apply |
| provide specific legal advice. This should not be | | | | to employers that do not have at least three |
| used as a substitute for competent legal advice | | | | employees operating in the same business within |
| from a licensed professional attorney in your | | | | Georgia. These minimum three employees must |
| state. | | | | be "regularly in service" within the state. The term |
| What is Workers' Compensation? | | | | "regularly" does not mean constantly or |
| In Georgia, Workers' Compensation operates as a | | | | continuously, only that there is a routine practice |
| "no fault" system for compensating injured | | | | by the employer to utilize three or more |
| workers for time missed from work and for | | | | employees, even if that many employees are |
| costs of necessary medical treatment. The | | | | working on the date of an accident. In most |
| system presents trade-offs for Georgia workers. | | | | situations your boss will count towards the three |
| While it bars claims against an employer for | | | | employee requirement. |
| personal injury, it also bars some of the defenses | | | | Independent Contractors |
| an employer could use against a workers' claim | | | | Employers often do everything they can to |
| such as "assumption of the risk" or that the injury | | | | classify their employees as independent |
| was caused by a fellow employee. | | | | contractors to protect themselves from having to |
| This system means you cannot sue your | | | | pay workers' compensation to their injured |
| employer in State/Superior court for your injuries, | | | | employees. There may be a debate as to |
| like you would in other instances. Instead, an | | | | whether you are in fact an independent |
| injured employee is compensated according to a | | | | contractor, but if you one, you are not entitled to |
| schedule set out by the Georgia State Board of | | | | workers' compensation. While it can be |
| Workers' Compensation. Sadly, this means you will | | | | complicated determining whether you are an |
| not be able to sue your employer for such things | | | | employee or an independent contractor, below |
| as pain and suffering from your injuries. | | | | are some of the factors to look at in determining |
| Exactly who is allowed to make a Georgia | | | | your status: |
| Workers' Comp claim? | | | | - CONTRACT - Existence of an independent |
| The foundation of workers' compensation law is in | | | | contractor agreement signed by the worker |
| defining who is an employer and an employee for | | | | - PAY - An hourly or salaried worker is likely an |
| workers' compensation purposes. Unfortunately, it | | | | employee. When a worker is paid on a per-job |
| is not always as simple as "I work for Company | | | | basis he may be viewed as an independent |
| X, therefore Company X is my employer and I | | | | contractor. |
| am his employee." | | | | - TAXES - If an employer withholds taxes, the |
| The basic rule as to whether an employee | | | | worker is more likely an employee. However, just |
| employer relationship exists involves two | | | | because your wages are reported on 1099 tax |
| seemingly simple criteria; 1) a person in the | | | | form instead of a W-2, your employer has not |
| service of another, who is 2) under contract of | | | | automatically made you an independent |
| hire. | | | | contractor. |
| There is no requirement that a work contract be | | | | - TYPE OF WORK - If the workers' job is part of |
| written. Actual pay may not be necessary (ex. | | | | the regular business of the employer, rather than |
| Volunteer firefighters or police, elected officials). | | | | some additional service to the business, it would |
| Minors can still benefit from workers' | | | | favor the employer/employee relationship. |
| compensation even if they are working in violation | | | | - JOB "TOOLS" - Who supplies the tools, supplies, |
| of child labor laws. Also, unlike many states, | | | | or materials of the job? If the worker supplies all |
| migrant workers and temporary employees are | | | | their own tools and materials it likely indicates an |
| covered. | | | | independent contractor relationship. |
| However, many types of employment or | | | | - HOURS - If the employer controls a workers' |
| employers are not subject to workers' | | | | hours, it likely indicates an employment relationship. |
| compensation. Types of employment not covered | | | | - OVERALL CONTROL - If the employer controls |
| by Georgia Workers' Compensation include | | | | how a worker does their job, as opposed to |
| Domestic servants, Farm laborers, Railroad | | | | simply requiring certain results, the worker is likely |
| common carriers, Sports officials (umpire, judge, | | | | an employee. These "how" factors focus on the |
| linesman, scorekeeper, timekeeper, etc.), Licensed | | | | hours, manner, methods, and means of |
| real estate salespersons with independent | | | | performing the work. |
