Think Twice Before Treating Your Independent Contractor Like An Employee

Can you hire your own employee as an independent contractor and avoid liability for their on the job injury?  The answer is sometimes yes, but employers should be careful.  Recently, the Georgia Court of Appeals delivered an opinion in line with the general rule that that an employer is under no duty to take affirmative steps to guard or protect the contractor's employees against the consequences of the contractor's negligence or to provide for their safety.  In Wilson v. Guy, a construction worker, Hunter Guy, brought a negligence action against the owner of the construction company, Robert Wilson, for injuries he received while performing property maintenance work for the owner at the owner's residence. No. A20A0969, 2020 WL 5201003 (Ga. Ct. App. Sept. 1, 2020). Sometimes Wilson's employees would do work separate from the business of the company on the weekend to earn extra money by performing tasks at Wilson's residence.  The work included mowing the