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Can independent contractors receive workers’ comp benefits?

On Behalf of | Apr 18, 2025 | Workers' Compensation |

Independent contractors in Georgia face challenges regarding workers’ compensation. Unlike employees, they don’t automatically receive coverage under the state’s system. This can lead to confusion about their rights if injured while working.

Understanding worker classification in Georgia

Georgia law distinguishes between employees and independent contractors. Employees are eligible for workers’ compensation benefits, while independent contractors are generally not. Classification depends on factors such as the level of control the employer has, the worker’s independence, and payment methods. Contractors classified as independent typically aren’t eligible for workers’ compensation unless certain conditions apply.

When contractors might receive benefits

In some situations, independent contractors can receive workers’ compensation benefits in Georgia. For instance, if a contractor is injured while working for a company with coverage or if their work arrangement mirrors that of an employee, they may qualify. However, proving these cases can be difficult. Contractors misclassified as independent might also pursue benefits under employee classification.

Options for injured independent contractors

If you’re an independent contractor and sustain an injury, you may not qualify for workers’ compensation benefits in Georgia. However, other legal options exist. Contractors may file personal injury lawsuits if negligence caused the injury. Some also choose to buy their own workers’ compensation insurance to ensure coverage in case of an accident.

While Georgia’s workers’ compensation laws may seem straightforward, they contain nuances. Understand the system and how it applies to your situation.

Independent contractors should consider purchasing workers’ compensation insurance. This coverage can assist with medical expenses and lost wages if injured on the job. Understanding your rights and options provides peace of mind while working.