A truck driving career is one that can be extremely lucrative. There is no boss breathing down your neck, and for some, that means a significant level of freedom. In exchange, however, there are also significant risks in this industry, some of which are high stress, long hours, and fatigue. For these reasons, tractor trailers are often a factor in highway crashes.
And, when an 18-wheeler is involved, an accident is typically more severe. Many of us are especially cautious when driving around tractor trailers for this reason, and rightly so. We need to keep in mind, though, that the truck driver is also vulnerable. In this story ofan accident involving two tractor trailers, a passenger vehicle allegedly caused the accident. According to the report, it was not the fault of either truck driver that caused the crash.
Employee Or Contractor? Does It Make a Difference?
Truck drivers are sometimes employed directly by a trucking or transportation company, and other times may be considered independent contractors. Independent contractors essentially work for themselves and the laws regarding workers’ compensation in Georgia are different depending upon the nature of the employer-employee relationship. Section 34-9-2 of the Georgia Code sets forth the general provisions of workers’ compensation. It states that a worker qualifies as an independent contractor as opposed to an employee if they meet all of the following criteria:
(1) They are a party to a contract that intentionally creates the independent contractor relationship;
(2) They have the right to make their own decisions about the hours they work and how the work is performed; and
(3) They are paid per job or per unit instead of by the hour or on salary.
Anyone who does not meet all of the above listed criteria will be considered an employee unless an administrative law judge makes a determination that they are an independent contractor. Section 34-9-7 of the Georgia Code further states that every service contract between an employer and an employee that is covered by this chapter of the Georgia Code is presumed to be made subject to this chapter.
This is true regardless of whether the contract is written, oral, or implied. The only exception would be service contracts that fall under the provisions as described in the list above from Code Section 34-9-2.
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Seeking Advice For Your Workers’ Compensation Action
If you have been injured in an accident during the course of your work responsibilities, workers’ compensation may be available to you. At theBader Scott Injury Lawyers, our attorneys have extensive knowledge and experience dealing with all types of workplace injuries. We will review your case during your private consultation and provide you with competent answers and advice about what you can expect to happen. We will then work tirelessly for you to help you obtain the relief you are entitled to. Contact Bader Scott Injury Lawyers, today to schedule a free consultation so that we can help you get on the road to recovery as soon as possible.