Atlanta Independent Contractor Injury Lawyers

In today’s world, a growing percentage of our workforce operates as independent contractors, also known as “1099 workers.” Individuals and organizations routinely outsource various tasks to contractors and subcontractors, allowing them to benefit from the contractor’s expertise while not having to provide the same package of benefits an employee would be entitled to.

Independent contractors are especially common in industries such as construction, where there are number of different contractors and subcontractors that regularly perform work at the job site. Many commercial vehicle drivers are also independent contractors, and there are 1099 workers in numerous other industries as well.

One of the major differences between independent contractors and employees is what happens to each when they are injured on the job. A Georgia employee who gets injured would normally be eligible for workers’ compensation (if their employer maintains coverage), but they are generally barred from suing their employer. A 1099 worker would not be eligible for workers’ comp, but if the workplace injury was the fault of the employer, they may be able to file a personal injury lawsuit against them.

If you or someone close to you suffered injury while working as a contractor or subcontractor, it is best to speak with an experienced attorney as soon as possible to examine your case. Independent contractor injury cases can be very complex, and as time goes by, evidence tends to disappear and witnesses become harder to reach.

At Bailey, Javins & Carter, L.C., we have over four decades of experience standing up for individuals who have been injured in the workplace. We have gone up against some of the most powerful industries, and we have a successful track record with even the most complicated cases. Whether you are an employee or independent contractor when you are injured on the job, we are able to thoroughly examine your case and explore every potential legal avenue you may have.

For employees, we are often able to identify legal options to recover compensation over and above what they are receiving through workers’ compensation. For independent contractors, we can fully assess the circumstances around your injury to determine if it was caused by the party that hired you to perform work or an outside party. By putting our in-depth experience to work to hold every responsible party accountable, our clients end up in the best possible position to secure maximum compensation for their injuries.

Contact us today for a free consultation and case assessment and find out how we can help get you the compensation you deserve.

Legal Options for Injured 1099 Workers

As mentioned previously, if you are an independent contractor who was injured while performing work for the party that hired you, you are not eligible for workers’ compensation benefits – with one caveat. This statement is assuming that the party who hired you has you correctly classified as a 1099 worker. There are some instances in which an employee is misclassified as an independent contractor, in which case workers’ comp coverage could be available.

Assuming you are correctly classified as an independent contractor, filing a workers’ comp claim is off the table, but this is not necessarily a bad thing. Winning a personal injury lawsuit may not be as easy as obtaining workers’ compensation benefits, but it is far from impossible, and if you do win, you will be eligible for significantly more compensation.

You may be able to successfully sue the party that hired you to perform work if you can prove the following:

1. Their actions or omissions amounted to negligence;
2. Their actions or omissions were the proximate cause of your injuries;
3. These injuries resulted in compensable losses.

There are several situations in which a 1099 worker may have a viable personal injury lawsuit against those who hired them. Here are just a few examples:

• A subcontractor who is working on a construction site gets hurt because of negligence on the part of a construction company supervisor;

• A contractor who is hired to do work inside someone’s home is bit by their dog;

• An electrician is wiring a commercial building and falls down from the ceiling after a building maintenance employee trips over his ladder.

Legal actions for independent contractors are not necessarily limited to claims against the person or entity that hired them. An outside party could also have been responsible for their injury. Some examples of situations where this may be the case include:

• An independent contractor who is a commercial vehicle driver is injured when another vehicle crashes into theirs.

• A subcontractor slips and falls while shopping at a store during their lunch break.

• A contractor gets hurt when a faulty piece of machinery they are working with malfunctions.

Filing an Independent Contractor Injury Claim

When a contractor or subcontractor is injured because of the negligence or reckless actions of another person or entity, they deserve to be fully compensated. By filing a personal injury lawsuit, you may be eligible for damages not only for direct monetary losses such as medical expenses and lost earnings, but also for noneconomic losses such as pain-and-suffering, emotional distress, loss of enjoyment, disfigurement, and permanent injury.

The key to recovering the full and fair compensation you deserve is to prove negligence and causation on the part of those responsible for the accident, and to document the full extent of your injuries. This will be accomplished by obtaining important facts and pieces of evidence that help substantiate your claim, and by following through on all recommended medical treatment.

Economic damages such as medical bills and lost wages can be calculated without too much problem, but noneconomic damages are a whole different matter. These losses are more intangible and difficult to quantify as no amount of money can ever adequately compensate you for the pain-and-suffering you have endured, the reduced quality of life you are forced to adjust to, and in the worst cases, the loss of a loved one.

This is one of many reasons you want a skilled legal professional in your corner who understands the complexities of these types of cases, knows how to accurately calculate full damages, and most importantly, has the proven ability to secure just compensation for your injuries. And this is why you want to work with a firm like Bailey, Javins & Carter, L.C.

Contact Our Seasoned Atlanta Independent Contractor Injury Attorneys

If you are an independent contractor/1099 worker or an employee who was injured on the job in Georgia, Bailey, Javins & Carter, L.C. is here to help. To schedule your free consultation and case assessment with a member of our legal team, message us online or call our Atlanta office today at 678-498-5810.

We handle cases on a contingency fee basis, which means you pay no legal fees until compensation is successfully recovered on your behalf.