Independent Contractors and Workers’ Compensation in Gainesville

Thousands of nonfatal work injuries occur in Georgia each year, resulting in workers’ compensation claims amounting to thousands of dollars. Many workers across the state operate as independent contractors – self-employed individuals or business entities that provide services to another party under contract terms. Independent contractors typically have more control over how they perform their work and are responsible for their own taxes and business expenses. Unfortunately, state law does not allow them to receive workers’ compensation.

If you were injured while working as an independent contractor, you have legal options. At Smith Hulsey Law, we pride ourselves on being lawyers for the people. We are dedicated to securing the best possible outcome for you so you can focus on healing and recovery. If you have questions about independent contractors and workers’ compensation in Gainesville, seek the services of our workers’ compensation attorneys for legal guidance.

Who Is Considered an Independent Contractor?

According to state law, employees and independent contractors are classified differently. An independent contractor is someone who:

• Is responsible for their own taxes
• Can work for multiple employers
• Supplies their tools and equipment
• Has a contract outlining their responsibilities
• Is not entitled to benefits from their employer
• Is paid a specific rate per job rather than a salary
• Controls their hours rather than following a set schedule

State courts use the “control test” to determine whether someone is an independent contractor or employee. The test evaluates the degree of control an employer has over the worker, like their schedule and how they complete their tasks. Proper classification ensures that businesses and self-employed contractors in Gainesville meet the legal requirements for workers’ compensation eligibility.

Legal Avenues for Independent Contractors Injured on the Job

Workers’ compensation is an insurance policy that employers use to cover the costs of an employee’s work injury or illness, including medical expenses, disability benefits, and rehabilitation costs. While employees cannot generally sue outside of workers’ compensation claims, independent contractors can pursue tort claims in court. This allows independent contractors to seek monetary compensation for their injuries, as employers still have certain safety responsibilities.

Independent contractors may purchase private workers’ compensation policies to cover work-related injuries and illnesses. In some cases, business entities intending to work with them may require this coverage. For protection, independent contractors should have a clear, detailed contract outlining the scope of work, payment terms, deadlines, and expectations. If a hiring party breaches the terms of the agreement, an independent contractor may file a breach of contract claim in court.

Additionally, if a person can prove that they were misclassified as an independent contractor, they may still be able to obtain workers’ compensation. For example, using the control test, they could prove that their employer exerted more control over their work than a contractor would expect. Given the complexity of laws regarding independent contractors and job-related injury compensation, it is essential to get the help of a Gainesville lawyer.

Enlist the Help of a Work Injury Compensation Attorney for Your Independent Contractor Case in Gainesville Today

Navigating your next steps after being injured on the job as an independent contractor can be stressful. Even though workers’ coverage may not be available, you might have other options. With decades of experience handling cases involving independent contractors and workers’ compensation in Gainesville, we could help you seek the justice you deserve. Call Smith Hulsey Law today for assistance.