Atlanta Independent Contractors Lawyer

Suffering an injury while working can be a life-altering event, leading to physical pain, emotional distress, and significant financial burdens from medical bills and lost income. For individuals classified as independent contractors in Georgia, the path to recovery and compensation can seem particularly complex. Unlike traditional employees who are typically covered by workers’ compensation, independent contractors can face different challenges and legal options when injured on the job. Understanding these differences and knowing where to turn for help is crucial to protecting your rights and securing the compensation you deserve.

At Merritt & Merritt Law Firm, we understand the unique hurdles faced by injured independent contractors in Georgia. With over 45 years of experience, our trial attorneys are dedicated to helping injured individuals navigate the legal system and pursue financial recovery. We offer free consultations to discuss your case when you call us at 404-975-1775.

Understanding Independent Contractor Status in Georgia

In Georgia, the distinction between an employee and an independent contractor is significant, particularly regarding workplace injuries and eligibility for benefits. According to Georgia law, an independent contractor is generally defined as someone who is paid a specific rate per job, typically a lump sum, rather than a salary or hourly wage. They usually have a contract outlining job responsibilities, they have control over their own time and hours (as opposed to a set schedule), and they usually supply their own materials and tools. The work performed by an independent contractor is often some kind of additional service to the business, rather than being part of the employer’s regular business operations.

An individual is considered an independent contractor when they meet certain criteria, including having the right to exercise control over the time, manner, and method of the work to be performed, and being paid on a set price per job or unit basis. This is the main consideration in determining whether an employment relationship exists, and as such if a person is considered an employee or independent contractor. Even if a written contract designates someone as an independent contractor, evidence showing the employer retained or assumed the right to control the work’s time or manner can override this designation, possibly gaining employee benefits that were not available as an independent contractor. Whether a worker is an independent contractor or an employee is ultimately determined by a judge on a case-by-case basis. An Atlanta independent contractors lawyer at Merritt & Merritt Law Firm can help go through your case and determine what remedies you are entitled to either as an independent contractor, or an employee. Call us today at 404-975-1775 and discuss your case for free with one of our experienced attorneys.

Steps to Take After an Injury

If you are an independent contractor injured on the job, taking the right steps immediately is crucial to protecting your potential claim:

1. Seek Immediate Medical Care: Get medical attention right away, even if the injury seems minor. This is essential for your health and creates official documentation of your injuries.
2. Notify the Relevant Party: Report the incident to the property owner, employer, or contractor where the injury occurred. Request a written report if possible.
3. Collect Evidence: Gather information about the accident, such as photos of the scene and your injuries, witness contact information, and any relevant documents. Keep records of medical bills and lost wages. Consider keeping a journal documenting your pain and recovery.
4. Do NOT Speak to Insurance Adjusters Alone: Avoid giving statements to any insurance company without consulting an attorney first. Insurance adjusters may try to use your statements against you to minimize your payout.
5. Contact an Attorney: Seek legal advice from an experienced Atlanta independent contractors lawyer as soon as possible for free at 404-975-1775.

Why Workers’ Compensation May Not Apply

One of the key differences between employees and independent contractors is their eligibility for workers’ compensation benefits. In Georgia, independent contractors are generally not eligible for workers’ compensation benefits if they are injured on the job. Workers’ compensation is an insurance policy paid by employers to protect both the employer and the employee from expenses associated with injuries obtained while on the job. While employees in Georgia are typically covered by workers’ compensation from their first day of work, independent contractors are unfortunately not.

This lack of workers’ compensation coverage means that if an independent contractor is injured at work, they cannot rely on that coverage to cover their medical bills, lost wages, or disability benefits. This is why independent contractors are often advised to carry their own personal injury insurance policies.

There are some employers, however, that may misclassify workers as independent contractors to avoid paying payroll taxes and higher workers’ compensation insurance premiums. If you believe you have been wrongly classified and should be considered an employee, an experienced Atlanta independent contractors lawyer can help determine your actual employment status through thorough investigation, and not solely rely on just the employer’s documentation.

Legal Options for Injured Independent Contractors: Pursuing a Personal Injury Claim

If you are an independent contractor who has suffered a workplace injury in Georgia, and you are not eligible for workers’ compensation, your primary legal option for seeking compensation is often to file a personal injury claim against the party responsible for your injury. Unlike workers’ compensation, which is a no-fault system, pursuing a personal injury claim requires demonstrating that another party’s negligence caused your injuries.

Negligence involves a failure to take reasonable care to prevent damage or injury to others. You, as the injured party (the plaintiff), must prove that the defendant had a duty to prevent the injury and failed to do so, and that this failure directly caused your harm. Fortunately, you do not have to do this alone. An experienced attorney from Merritt & Merritt Law Firm can help you through the legal process and get you the most out of your compensation when you call them at 404-975-1775.

What Damages Can The Atlanta Independent Contractors Lawyers Get For You?

Through a successful personal injury claim or lawsuit, injured independent contractors may be able to recover a broader range of damages compared to workers’ compensation benefits. These damages can include medical costs, lost wages, property damages, pain and suffering, and sometimes punitive damages in severe injury cases. Accurately calculating all your damages is essential to seeking adequate compensation. An experienced Atlanta independent contractors lawyer at Merritt & Merritt Law Firm can help identify and calculate all potential losses, including future costs and non-economic damages, which can increase the amount of compensation you are awarded exponentially.

Key Georgia Personal Injury Laws Affecting Your Claim

Navigating a personal injury claim in Georgia involves understanding specific state laws that can impact your case:

• Statute of Limitations: Georgia law sets a time limit for filing personal injury lawsuits, generally two years from the date of the injury. Failing to file your claim within this timeframe typically means losing your right to seek compensation through the legal system. Exceptions exist, such as for minors or claims against government entities which have shorter deadlines. It is critical to act promptly and consult an attorney to ensure deadlines are met.
• Comparative Negligence: Georgia follows a modified comparative negligence rule. This means that if you are found to be partly at fault for the accident, your ability to recover damages may be reduced or barred depending on your percentage of fault. If you are found 50% or more responsible, you cannot recover any damages. If you are less than 50% at fault, you can still receive compensation, but the amount will be reduced proportionally to your percentage of fault. An attorney can work to minimize your assigned portion of fault.

Choose Merritt & Merritt Law Firm: Your Atlanta Independent Contractor Injury Attorney

Navigating the legal process after a serious workplace injury as an independent contractor can be a uniquely overwhelming experience. An Atlanta independent contractors lawyer can provide invaluable assistance by navigating the legal system, determining liability, gathering necessary evidence, calculating compensation, and meeting important legal deadlines all so you don’t have to.

That is why selecting the right legal representation is one of the most important decisions you are going to have to make after suffering an injury as an independent contractor. At Merritt & Merritt Law Firm, our experience in handling personal injury, workers’ compensation, and wrongful death cases positions us to effectively represent independent contractors facing the challenges of a workplace injury claim.

Since 1973, families have trusted us to help those injured. At Merritt & Merritt Law firm, we provide 24-hour service, and one of our attorneys can visit you at your home, office, or hospital to discuss your case if need be. We understand that financial concerns can be significant after an injury, which is why we offer a free case reviewwhen you call us at 404-975-1775. Let our experienced Atlanta independent contractors lawyer team fight for the compensation you deserve so you can focus on your recovery.