In Georgia, many of your rights in the workplace are determined by your employment status. For example, if you are injured on the job as an independent contractor, your rights to workers’ compensation benefits could be different from co-workers’ who are employees.
Our Smyrna independent contractors attorneys can help you to understand your employment status and determine if you qualify for worker’s compensation. We can also help you explore other options for recovering financial damages. Our Smyrna workers’ compensation lawyers can help you understand the basics of claiming compensation as a Georgia independent contractor who was hurt at work. Call Bader Scott Injury Lawyers now for a free consultation.
What Are Independent Contractors Under Georgia Workers’ Compensation Law?
Workers’ compensation is an insurance policy that employers take out to cover a percentage of medical bills and lost wages when employees are injured at work. In most cases, the coverage will apply regardless of fault, meaning injured parties do not have to prove negligence or liability. However, it also comes with the caveat that employees cannot typically sue their employer in a lawsuit for damages either. Our Smyrna personal injury lawyers can help.
For a free legal consultation with a independent contractor workers' compensation lawyer serving Smyrna, call (404) 888-8888
Challenges Contractors Face in Smyrna Workplaces
Independent contractors face significant challenges regarding workers’ compensation. They lack automatic coverage under workers’ compensation laws. Unlike regular employees, independent contractors are not presumed to be covered, necessitating them to independently secure such coverage or negotiate it within their contracts. This gap leaves can leave you without financial protection in case of workplace injuries.
Additionally, proving an employment relationship can be difficult. The distinction between an independent contractor and an employee often hinges on various factors such as control over work, method of payment, and provision of tools and equipment. Misclassification issues can arise, leading to legal disputes over entitlement to workers’ compensation benefits.
The risks and implications of workplace injuries for independent contractors are profound. Without workers’ compensation, injured contractors must rely on health insurance or personal funds for medical treatment, which can be financially debilitating. They may also face prolonged periods without income during recovery, exacerbating financial stress.
Smyrna Independent Contractor Workers' Compensation Lawyer Near Me (404) 888-8888
How Do I Know if I’m an Independent Contractor?
Answering ‘yes’ to several of the questions below means you will likely be classified as an independent contractor, not an employee. However, as with many legal things, exceptions apply. Typically, you will know if you are an independent contractor when hired by your workplace. You receive different tax forms from those who are considered employees, but there are also some other factors that could indicate this status:
- Do you have a separate business and equipment or accommodations to do your job?
- Do you have a federal employer identification number (or are you otherwise exempt from needing one due to being a sole proprietor)?
- Do you get paid via a third party, such as an agency, for your work, i.e., not paid directly by a company?
- Are you free to work for other companies without following a formal leaving process for your current job, such as giving notice?
- Do you work for a company on a per-task basis or by submitting bids for contracts?
It can be difficult to understand and prove your right to workers’ compensation, especially if your employer is uncooperative and unfairly denies your entitlement to employee benefits. However, we can help you determine whether you qualify for workers’ compensation and build a robust case to avoid losing out on benefits you are entitled to claim.
To assess your employment status per Georgia law, or if you have further questions about claiming compensation, our team can offer guidance during your free consultation.
Complete a Free Case Evaluation form now
There May Be Other Options to Pursue Compensation after a Workplace Accident
Injured independent contractors may be able to pursue other avenues for recovering compensation after a workplace accident. For example, if you were injured in an accident caused by defective machinery, the product manufacturer may be liable in a third-party, personal injury lawsuit. Other examples of third-party liability could include an auto accident caused by another driver or a property owner who failed to maintain the premises in which you worked.
The main difference when filing a third-party lawsuit for a workplace accident and filing for workers’ compensation is proving negligence. Workers’ compensation is typically paid regardless of fault; however, succeeding in a third-party case requires that you prove the following elements:
- You were injured during work hours while performing the duties required for your job
- The party owed you a duty of care for your safety
- There was a breach in that duty of care
- You suffered injuries and other losses as a result of the incident
Click to contact our Smyrna Workers’ Compensation Lawyers today
How Our Personal Injury Team Helps Contract Injured Workers
It may seem overwhelming to know where to start if you are hurt in an accident as an independent contractor, especially while recovering from your injuries. We can help you to navigate this complex legal landscape by providing the following services:
- Helping you understand your rights and defining your employment status
- Reviewing your options for financial recovery
- Investigating the accident to identify liable parties
- Gathering evidence to build a strong case
Additionally, we handle all case administration and communications, including negotiating an appropriate settlement for your current and anticipated financial damages. This way, you can focus on your recovery and well-being with the peace of mind that your case is in capable hands.
What Financial Damages Can I Claim For After A Workplace Accident in Smyrna?
Recoverable compensation in workplace accidents varies and depends on several factors, such as:
- The type of claim you file
- The severity of your injuries
- The circumstances of the accident
Benefits provided under workers’ compensation differ from those in a third-party lawsuit. For example, employees may recover benefits for some of their medical costs and lost wages for temporary or permanent impairment. Still, they would not be able to receive compensation for damages such as pain and suffering, which is recoverable with a third-party lawsuit, along with other financial damages, including:
- Current and ongoing medical bills, rehabilitation, and treatment costs
- Lost wages
- Reduced earning capacity if your injuries limit or prevent you from working
- Disfigurement and physical impairment
- Diminished quality of life
If you are struggling to cope with a workplace injury and are worried about how you will recover compensation or pay for your medical treatment, we can help. When you hire our personal injury lawyers, we put our experience, knowledge, and resources to work for you. We also provide our legal services on a contingency-fee basis, meaning you owe us nothing until we recover compensation on your behalf.
Bader Scott Injury Lawyers is a Good Fit for Smyrna Independent Contractors
The lawyers at Bader Scott Injury Lawyers are well-suited to address the unique challenges faced by independent contractors like you in Smyrna. The firm’s dedication to winning big for our clients means we bring a wealth of experience and success in securing substantial settlements and verdicts. With Seth Bader’s background representing insurance companies, he understands their strategies and uses this knowledge to effectively advocate for independent contractors.
You work directly with your attorney, ensuring personal and focused attention on your case. You can expect to speak with your attorney, not a case manager, providing a more tailored and responsive legal service. Our firm also prides itself on excellent communication. Your questions will be answered in straightforward, easy-to-understand terms, giving you the clarity needed to navigate your workers’ compensation claim.
Respect is a foundational value at Bader Scott Injury Lawyers. We build relationships on trust and ensure every client is treated with the utmost respect and professionalism. You can expect competent, well-trained professionals who are dedicated to fighting for your rights and helping you get your life back on track after an injury.
Our Smyrna Independent Contractors’ Compensation Attorneys Can Help You Today
If you or a loved one suffered injuries in a workplace accident as an independent contractor, the Bader Scott Injury Lawyers team can fight for the compensation you deserve. We help you understand your options and manage the legal process on your behalf so you can focus on your recovery at this difficult time. Contact us today for a free consultation to learn more about how our Smyrna independent contractor workers’ compensation lawyers can help.
Call or text (404) 888-8888 or complete a Free Case Evaluation form