Are you an employee or contractor under Workers' Compensation?

Are you an employee? In order to be covered under wc you must first be an employee.  It is not necessary to have a written employment contract to be an employee. Sometimes you will have a contract but it will define you as a contractor. If this is true you may have problems proving that you are an employee. However, the contract alone will NOT  end the inquiry. Some employers try to call all employees contractors because it is financially beneficial to them to do so. If the nature of your work looks like more of an employer / employee relationship, the Board will look behind the contract to the facts.

 For example, OCGA § 34-9-2 provides that if the employer controls the time, manner and method of your job performance, provides all tools and pays by the hour rather than by the job, then you may actually be an employee. If you are an employee of a subcontractor who is working for a general contractor you may be covered for accidents even if your direct subcontractor is not covered.  The bottom line is – if you are injured on the job in Cobb County or Marietta Georgia and the claim is denied because you are a contractor or are an employee of a contractor, don’t give up. Call the workers’ compensation attorneys at Kenneth R. Croy and Associates for a free consultation.