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Posted 06/13/2017

Atlanta Independent Contractors May be Eligible for Workers’ Compensation Benefits

Authorities confirmed a subcontractor died at a suburban Atlanta film studio in April 2017, according to WXIA.

According to the Fayetteville Fire Department, EMS responded to Pinewood Studios off of Sandy Creek Road around 11 a.m. It received a call regarding a construction accident. A subcontractor was pronounced dead at the scene.

OSHA is investigating the incident.

At the time of the report, police could not confirm how the subcontractor died. Police also could not confirm the identity of the subcontractor. It was not known whether the family would file a workers’ compensation on the subcontractor’s behalf.

Workers’ compensation covers lost wages and medical bills that incur because of a workplace injury. If a worker dies from the workplace incident, the family may receive death benefits. Death benefits are given to the worker’s spouse and/or children to compensate them for their loved one’s death. The family can receive about $575 each week depending on date of death or injury. Funeral expenses are also typically covered.

Are Independent Contractors Covered by Workers’ Compensation?

 In general, independent contractors, or those receiving contract work, are not eligible for workers’ compensation if they are hurt on the job. Sometimes employers will try to take advantage of this fact and categorize a worker as independent contractor instead of an employee to deny a claim.

 An independent contractor can receive workers’ compensation benefits in Atlanta if they meet certain criteria such as:

The independent contractor received a structured work schedule from a third party

They could not control their working conditions. For instance, the company the independent contract worked for made it mandatory for them to work at a specific job site.

The company, individual or entity the independent contractor worked for dictated their job duties and how they complete said job duties

Atlanta Independent Contractors Eligible for Workers’ Compensation Must Complete a Notice of Injury Claim

 Anyone eligible for workers’ compensation and injured on the job must report that injury immediately. The failure to report the injury to an employer within 30 days may forfeit any available benefits.

Visit a workers’ compensation approved doctor. After receiving emergency medical treatment, workers’ compensation requires every worker to seek medical treatment from only the doctors it approves.

Complete and return the claim form to the employer. The claim form starts the workers’ compensation process.

The claim may be approved or denied.

Not Sure If You are Eligible for Workers’ Compensation? Contact The Cochran Firm Atlanta

 Certain workers who are independent contractors may not know they are eligible for workers’ compensation. Workers employed by a company may be denied workers’ compensation coverage for no reason or labeled as an independent contractor.

At The Cochran Firm Atlanta, we are dedicated to fighting for anyone who is eligible for workers’ compensation. We are with you from the start of your claim until it is resolved. Contact us to learn more about your workers’ compensation claim and how we can help. Contact us today regarding your workers’ compensation claim.

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