If you work as an independent contractor, you may wonder whether you’re entitled to workers’ compensation benefits after an on-the-job injury. The answer is not always straightforward, and understanding your legal rights is critical—especially if you’ve been hurt while working.
Let’s break down what you need to know.
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What Is an Independent Contractor?
Independent contractors are self-employed individuals who typically provide services to clients or companies under a contract. Unlike full-time employees, they are not on a company’s payroll, do not receive employee benefits, and generally cover their own taxes and insurance.
Think of freelance writers, rideshare drivers, construction subcontractors, or IT consultants—these are common examples of independent contractors.
Are Independent Contractors Covered by Workers’ Comp?
In most cases, independent contractors are not eligible for workers’ compensation benefits. Workers’ comp is typically reserved for employees, and since contractors operate as their own business entities, they’re expected to carry their own insurance coverage.
However, things aren’t always that simple.
Misclassification: When “Independent Contractor” Is Just a Label
Some employers incorrectly classify employees as independent contractors to avoid providing benefits like workers’ compensation. If you’re treated like an employee—working set hours, using company tools, and being closely supervised—you might be misclassified.
Georgia law, for instance, looks at the nature of the working relationship, not just the label used on your contract. If it’s determined that you function more like an employee, you could be entitled to workers’ comp benefits, even if you were originally hired as a contractor.
What Should You Do If You’re Injured?
If you’ve been hurt while working and are unsure whether you qualify for workers’ compensation, don’t assume you’re out of luck. It’s worth having a qualified attorney review your situation to see if you were misclassified.
You could be entitled to benefits for your medical treatment, lost wages, and rehabilitation—even if your employer says otherwise.
Need Legal Guidance After a Work Injury?
If you’re an independent contractor who’s been injured on the job, you may still have options. At Cruz & Associates, we’re here to help you navigate your rights and pursue the benefits you deserve. Contact us today for a free consultation.