
More and more we are seeing individuals who are injured on the job only to find out later that their “employer” has them listed as an independent contractor and there is no workers’ compensation insurance to cover them. There are guidelines used by the State Board of Workers’ Compensation determining the independent contractor relationship versus the employee/employer relationship.
Is there a contract defining the working relationship? If NO, you may be able to use these guidelines to determine if you are classified as an independent contractor or not.
1. The extent of control which the employer may exercise over the details of the work; (Does the person or business that you are working for control the time, manner and method of the work to be performed?)
2. Whether you (the employee) are engaged in a distinct occupation or business;
3. Whether the work performed is normally performed under supervision of the employer or by a specialist who needs no supervision;
4. The skill or expertise required in performing the work;
5. Whether the alleged employer supplies the tools and/or place for the work to be performed;
6. The duration of time for which the person is engaged in performing the contract;
7. The method of payment for the job; (How the individual is paid (by the job, by the hour?)
8. Whether the work to be performed is part of the regular business of the alleged employer;
9. The intent of the parties, specifically whether they intended to create an employer/employee relationship or that of an independent contractor;
10. Whether the work of the alleged employee is part of the regular business of the employer.
11. Does the individual control his own work hours, hiring/firing of help etc?
Douglasville Workers’ Compensation Attorney
At Murphy & Associates, we represent people who are hurt at work. The question of whether you are classified as an employee or Independent Contractor can be complicated. For a free consultation, contact an Austell, Georgia Workers’ Compensation Attorney today, (770) 577-3020.
Contact us today for a consultation about your legal needs.
Douglasville
8302 Office Park Drive (off Hospital Drive)
Douglasville, GA 30134
Phone: 770-577-3020
Fax: 770-577-2011
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Atlanta
5825 Glenridge Drive, Atlanta, GA 30328
Phone: 770-577-3020
Fax: 770-577-2011
Toll Free: 1-800-503-7598
Get Directions
Douglasville
8302 Office Park Drive (off Hospital Drive)
Douglasville, GA 30134
Phone: 770-577-3020
Fax: 770-577-2011
Atlanta
5825 Glenridge Drive, Atlanta, GA 30328
Phone: 770-577-3020
Fax: 770-577-2011
Toll Free: 1-800-503-7598
