Huntersville, NC asked in Personal Injury and Workers' Compensation for Georgia

Q: im a 1099 employee i fell at work hurt my knee and my back how do get payed for this

1 Lawyer Answer
Michael W. Horst
Michael W. Horst
  • Alpharetta, GA
  • Licensed in Georgia

A: The key to answering this question is to identify whether you are a 1099 independent contractor or a W-2 employee. Georgia law looks at a number of factors in making this decision, too many to go into here. Ultimately, the law is attempting to ascertain whether whether the principal has the right to control the manner and means by which the work is performed. The more heavily the factors weigh in favor of control, the greater the likelihood you will be considered an employee.

If you are an employee, your recourse for having suffered an injury on the job is to file a workers' compensation claim.

If you are an independent contractor, you will have a claim in tort. Under those circumstances, you will have to show the at fault party failed to exercise ordinary care to keep the premises safe. This is not an easy burden to meet as you have to show the property owner had knowledge of the hazard that caused your the slip and fall injury and that you lacked knowledge of said hazard. This is known as the superior knowledge rule.

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