Can an Independent Contractor Get Workers’ Compensation in Georgia?

In the state of Georgia, independent contractors, freelancers, and/or consultants are not eligible for workers’ comp. This is because, technically, independent contractors are self-employed; they are both employers and employees. However, Georgia laws that define independent contractors are complex, and there are areas which are open to interpretation. Definition of independent contractor for workers’ comp  … Read more

Should I show up for my Atlanta workers’ compensation hearing without my attorney?

Wondering if you should show up without your attorney for a workers’ comp hearing? Georgia workers’ compensation hearings are frequently postponed.  What if you’ve received a Notice of Hearing in the mail, and the hearing is a day or two away, but you haven’t heard from your workers’ comp attorney?  Do you show up at  … Read more

Can the workers’ comp defense attorney threaten to have me deported to force a low settlement?

Threatening to have a worker deported for filing workers’ comp is unethical and Georgia’s Court of Appeals has upheld that undocumented workers who are injured on the job can receive workers’ comp benefits. Filing a workers’ comp claim does not trigger deportation Many undocumented workers fear that filing a workers’ comp claim  will result in  … Read more

Will the workers’ compensation insurer send me a 1099 or W-2?

You will not receive a W2 for workers’ comp because workers’ compensation benefits are not taxable income for the vast majority of injured workers. That means that the workers’ compensation insurer will not send you tax forms accounting for any weekly TTD (temporary total disability) checks or settlement funds from the previous year. Because workers’  … Read more

Can exotic dancers get workers’ compensation benefits in Georgia?

If an exotic dancer is injured at work, can she get workers’ comp? Dancers in the adult entertainment industry are almost guaranteed to be classified by their employers as independent contractors for both tax purposes and workers’ compensation in Georgia. However, just because your boss tells you your injury does not qualify for workers’ comp–because  … Read more

My workers’ compensation lawyer says I have a deposition this week. Can I just skip it?

Wondering what a workers’ comp deposition is and if you have to go? When you file a workers’ compensation claim in Georgia, more than likely, the defense attorney is going to schedule a deposition. Technically, it’s a question and answer session that’s recorded and is given under oath. Think of it as your opportunity to  … Read more

Let’s not cash a dead person’s workers’ comp checks, ok?

Worried about what happens if a person dies while on workers’ comp? Workers and their loved ones may have concerns about their family’s financial well-being if the worker who was collecting workers’ comp benefits passes away. In some cases, surviving family members may be eligible to continue receiving workers’ comp benefits What to do if  … Read more

If I’m an injured worker on workers’ compensation disability benefits, when will my payments run out?

Wondering how long workers’ comp benefits last in Georgia? If your workers’ comp claim has been accepted, you’re getting disability payments while being treated by a workers’ comp doctor and you can’t work, the maximum amount of time you can receive temporary total disability (TTD) benefits is 400 weeks (about 7.5 years), unless your claim  … Read more

Can the workers’ comp insurance company’s lawyer talk to my doctor without me?

Wondering if your employer or workers’ comp representative can talk to your doctor when you’re not present? The short answer is: yes. According to O.C.G.A. § 34-9-207 , when “an employee has submitted a claim for workers’ compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses,  … Read more

Can my spouse get paid as an attendant care provider under Georgia workers’ compensation law?

Attendant care services may be available through workers’ comp in Georgia when a workplace accident results in injuries that cause the worker to be unable to care for themselves at home. What are attendant care services? Attendant care helps the injured or disabled worker perform day-to-day tasks that they would normally perform for themselves. A  … Read more