Legal Question in Workers Comp in Georgia

As a sub-contractor can I make a w/c claim?

I work as a sub-contractor to a Georgia co. They take no taxes or deductions from my check except a deduction for workman's compensation. If I were to ever get injured, am I able to file a workman's compensation claim agains't this company even though I'm technically not an employee of this company?


Asked on 2/13/06, 11:02 pm

1 Answer from Attorneys

Lee Biola Law Office of D. Lee Biola, LLC

Re: As a sub-contractor can I make a w/c claim?

The answer will depend in large part whether you are truly an independent contractor. The workers' compensation act and Georgia courts have their own analysis to decide who is an "independent contractor." The major test is whether the Georgia company controls the time, manner, and method of your employment.

The fact that they don't take out taxes makes you look like an independent contractor. But it is not the only factor to consider. Other factors include whether you use your own tools, whether you make your own hours, and whether you are paid by the hour or by the job.

If you are concerned that you may not be covered, it would be wise to take out a short term/long term disability policy.

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Answered on 2/14/06, 3:36 pm


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