Employees are covered under the Georgia Workers' Compensation Act, but independent contractors are generally not covered. Insurance companies frequently deny workers' compensation claims based on the fact that the claimant is an independent contractor. However, this determination is not as simple as many employers and insurance companies would have you believe. When determining whether a person is an independent contractor or employee, there are a number of different factors which the court will consider. They take into account whether you are paid on a 1099 or whether taxes are withheld from your paycheck, whether you use your own tools or your employer's tools, and whether you are paid by the unit/job or hourly. These are only a few of the factors, and none of the factors are dispositive. The key factor in determining whether an injured worker is an employee or independent contractor is control. If an employer has the right to control the injured worker, then it is likely that the injured worker will be considered an employee. If your claim has been denied because your employer alleges you are an independent contractor, or if you have any questions about your Georgia work injury claim, call Atlanta workers' compensation attorney Brian Sumrall at (404) 857-3835.