Atlanta Workers’ Compensation Attorneys
If you are hurt on the job you may be entitled to workers’ compensation benefits.
Know The Benefits You’re Entitled To
Workers’ comp is an accident insurance program paid by your employer which may provide you with medical, rehabilitation, and income benefits if you are injured on the job, no matter who is at fault. Usually, the only question is whether a work injury “arises out of and in the course and scope of employment.” If so, you may be able to receive benefits.
Georgia Has a No-Fault System
Georgia has a “no-fault” system for workers’ compensation. This means that if you get hurt on the job, you’re likely entitled to benefits even if the injury was your fault. Give us a call to find out more.
Although it doesn’t matter if the injury was your fault, in order to receive workers’ comp benefits, you must be hurt while you are working and within the scope of your work. This means that you’re not entitled to benefits if you are horsing around or doing something that was not within the scope of your job. Give us a call to see if your situation qualifies you for benefits.
Employee vs. Independent Contractor
Under Georgia law, an employer is required to provide workers’ compensation insurance for employees, but not for independent contractors. In fact, independent contractors do not even qualify for workers’ compensation benefits if they get hurt on the job. Therefore, the outcome of your case may depend on whether you are an employee or an independent contractor.
O.C.G.A. § 34-9-2 (e) lays out the statutory test for determining whether a worker is an independent contractor, providing that “a person or entity shall otherwise qualify as an independent contractor and not an employee if such person or entity meets all of the following criteria:
(1) Is a party to a contract, written or implied, which intends to create an independent contractor relationship;
(2) Has the right to exercise control over the time, manner, and method of the work to be performed; and
(3) Is paid on a set price per job or a per unit basis, rather than on a salary or hourly basis.”
Determining whether a worker is an independent contractor under Georgia law is a very fact-intensive process. Call us today so we can help you sort through the relevant facts to determine whether your workers’ comp premium auditor made the correct determination on employment status.