Being injured on the job can turn your life upside down. Medical bills and lost wages can create a financial crisis. Georgia workers’ compensation insurance provides benefits to help injured workers recover after a workplace accident. However, workers’ compensation laws treat independent contractors and employees differently. Find out the difference in this blog by our Savannah workers’ compensation attorneys.
What Is the Difference Between an Independent Contractor and an Employee?
An independent contractor is a person hired by a company to perform specific work for the company. Typically, the person is self-employed. Instead of paying independent contractors wages, the company pays them as they would a supplier or vendor and reports the payment on a 1099-tax form. The company does not control how the independent contractor performs the work. The agreement states the terms for the finished product or service.
A company hires an employee to perform certain types of work. The company tells the worker how to perform their job and when to be at work. The company pays employees wages that are reported to the government on a W-2 tax form.
Are Independent Contractors Covered by Workers’ Compensation in Georgia?
Employers are not required to provide workers’ compensation for independent contractors. Generally, workers’ compensation only applies to employees. Therefore, an independent contractor injured on the job would not receive workers’ compensation benefits.
Some employers may misclassify employees as independent contractors to avoid liability for injuries and taxes. If you believe your employer has misclassified you as an independent contractor, contact an employment law attorney for help.
What Can an Independent Contractor Do if They Are Injured on the Job?
Typically, employees covered by workers’ compensation cannot sue their employers. However, an independent contractor can sue a company or individual that caused the contractor’s injuries through negligence, intentional torts, or other wrongdoing.
A personal injury lawsuit provides more compensation than workers’ comp. The independent contractor could receive economic damages for medical bills, out-of-pocket expenses, lost wages, and other financial losses.
A personal injury claim may also provide non-economic damages for pain and suffering. Workers’ compensation does not pay for an employee’s pain and suffering damages.
What Types of Benefits Can Employees Receive if They Are Injured on the Job?
Workers’ compensation is an insurance program. Georgia companies with three or more employees must have workers’ compensation insurance coverage.
An injured employee can receive benefits including:
- Medical Benefits – Workers’ compensation pays for necessary and reasonable medical treatment for the employee.
- Supplemental Income Benefits – If you cannot work because of a work injury, you can receive temporary disability payments. The payments equal two-thirds of your average weekly wages.
- Rehabilitation Services – Workers who sustain a catastrophic injury may receive rehabilitation services to help them obtain and maintain employment.
- Permanent Disability Benefits – You may be entitled to additional compensation if your workplace accident causes a permanent impairment.
Workers must report an accident or injury to their employer within 30 days. Failure to report an injury could result in losing workers’ compensation benefits.
Contact Our Savannah Workers’ Compensation Attorneys for More Information
If you were injured on the job in Georgia, you may have one or more options to recover compensation for your injuries. At Parsons Law Group, we help independent contractors file claims and lawsuits seeking damages. Call now to speak with a Savannah workers’ compensation attorney.