Getting hurt on the job is a frightening experience. When you're injured, you rely on workers' compensation insurance to help cover your medical bills and lost wages so you can focus on getting better. Discovering your employer doesn't carry this required insurance in Georgia can add tremendous stress and confusion to an already difficult situation. It may feel like you have no options, but that is simply not true. You still have rights and ways to seek the compensation you deserve for your work-related injury. The law is clear: in most cases, an employer who should have insurance but doesn't is still responsible for your costs.
If you or a loved one has been hurt while employed with no workers' compensation, you need to act quickly to protect your rights. Don't try to handle this complicated situation alone. Contact our team at The Law Offices of Darwin F. Johnson for a confidential review of your case. We are here to listen and help you figure out your next steps. You can reach us at (470) 285-8246 or fill out our online contact form to get started.
Is My Employer Required to Have Workers' Compensation in Georgia?
Workers' compensation is an insurance program designed to protect employees who are hurt or become ill because of their job. It pays for your medical treatment and a portion of your lost pay while you recover.
In Georgia, most employers must carry workers' compensation insurance if they regularly employ three or more people. This count includes both full-time and part-time workers. There are a few exceptions, like farm laborers or domestic servants, but for most businesses, this is a firm rule.
When an employer fails to carry this required coverage, they break the law and face severe penalties. More importantly, their failure to follow the law does not end your right to receive benefits.
Your Options When the Employer Is Uninsured
If your employer does not have workers' compensation insurance, you have two primary paths to seek payment for your injuries. The one you choose often depends on the specifics of your case.
Filing a Workers' Compensation Claim Against the Uninsured Employer
Even if your employer doesn't have an insurance company to pay benefits, you can, and should, still file a claim with the Georgia State Board of Workers' Compensation (SBWC).
Why file a workers' compensation claim?
- The Employer is Still Liable: By law, an uninsured employer is held responsible for your injury costs as if they had insurance. They must pay for your authorized medical treatment and income benefits from their business or personal funds.
- A Lawsuit Alternative: For most workplace injuries, Georgia law says workers' compensation is the exclusive remedy, meaning it's the only legal way to seek payment from your employer. When the employer has insurance, you cannot sue them in civil court. When they don't have insurance, this rule can change, giving you an important choice, as discussed below.
- State Board Enforcement: Filing a claim forces the SBWC to get involved. The Board's Enforcement Division can investigate your employer's lack of insurance and pursue penalties against them, which puts pressure on the employer to resolve your claim.
If the SBWC rules in your favor, the employer will be ordered to pay you. However, one challenge with this option is that if the employer doesn't have the money or assets to pay the court order, it can be tough to actually collect your payment.
The Right to File a Personal Injury Lawsuit
The most significant change when an employer is employed with no workers' compensation is that you may gain the right to file a personal injury lawsuit against them.
Usually, the workers' compensation system is a trade-off: you get guaranteed, no-fault benefits (meaning you don't have to prove your employer was careless), but in exchange, you lose the right to sue them. When your employer fails their end of the bargain by not getting insurance, the law may lift this protection, allowing you to take them to civil court.
The Benefits of a Personal Injury Lawsuit
- More Types of Compensation: In a lawsuit, you can seek compensation for all your losses, including:
- Medical Bills (Past and Future)
- Lost Wages (Past and Future)
- Pain and Suffering (which workers' compensation does not cover)
- Emotional Distress
- Proving Fault: A lawsuit is different from a workers' compensation claim because you must prove that your employer was negligent or careless and that their carelessness caused your injury.
Deciding between a workers' compensation claim and a lawsuit is a serious decision that needs to be made quickly. A knowledgeable workers' compensation attorney can guide you through these complex rules and help you choose the best path to financial recovery. For help understanding your options, reach out to an experienced Atlanta workers' compensation lawyer at The Law Offices of Darwin F. Johnson.
Penalties Your Uninsured Employer Faces
You need to know that the State of Georgia takes the requirement for workers' compensation coverage very seriously. Your employer's failure to insure you violates the law, and the State Board of Workers' Compensation has the power to issue severe penalties.
Civil Penalties
The State Board can assess a significant financial fine for the employer's failure to provide coverage.
- Fines for Non-Compliance: An employer who refuses or neglects to carry insurance can be fined at least $500 and up to $5,000 for each violation.
- Increased Employee Compensation: If the Board finds that your employer willfully refused or neglected to secure insurance, they can order the employer to pay you an extra 10% increase on your compensation benefits.
- Attorney's Fees: The Board can also order the uninsured employer to pay your attorney's fees.
Criminal Penalties
In addition to civil fines, an employer who willfully refuses or neglects to get the required insurance can be found guilty of a misdemeanor crime. Upon conviction, the employer could face a fine between $1,000 and $10,000 or be sentenced to up to 12 months in jail, or both.
These penalties do not directly pay you, but they show how serious the law is and can encourage your employer to do the right thing and pay for your injury.
Crucial First Steps for the Injured Employee
When you are employed without workers' compensation, taking the proper steps immediately after your injury is vital to protecting your future claim.
1. Get Medical Help Immediately
Your health is the most important thing. Seek medical treatment for your injury right away. This creates an official record of your injury and is necessary to support any future claim.
2. Report the Injury to Your Employer
You must report your injury to your employer as soon as possible. In Georgia, you must report it within 30 days of the accident or within 30 days of learning of the work-related illness.
- Report the injury to a supervisor, manager, or owner.
- Do it in writing (an email or text message works) and keep a copy for yourself.
- Be specific about the date, time, and how the injury happened.
3. Verify Their Insurance Status
An employer might tell you they don't have insurance to discourage you from filing a claim, but they might be lying to avoid paying a higher premium. You can check their coverage status yourself on the Georgia State Board of Workers' Compensation website. If the search comes up empty, then you know for sure that your claim will be against an uninsured employer.
4. Consult with a Workers' Compensation Attorney
This is the most critical step. Claims against uninsured employers are difficult and complex. You need a legal team that understands the rules and can stand up to an employer trying to avoid responsibility. A lawyer can help you:
- Figure out the best legal path for you—a claim with the State Board or a civil lawsuit.
- Gather evidence to prove your employer was at fault, if a lawsuit is necessary.
- Fight to get you the full amount of medical care and income benefits you are owed.
- Search for other responsible parties, like a general contractor (a "statutory employer") who might have insurance covering you.
You may face mounting medical bills and lost paychecks, and dealing with an employer who won't help can be overwhelming. You do not have to carry this burden alone.
Atlanta Workers' Compensation Lawyer
Dealing with an employer who is illegally operating without insurance can make you feel lost and unsure of what to do next. Our mission at The Law Offices of Darwin F. Johnson is to provide the legal counsel and direction you need to move forward with confidence. We are dedicated to ensuring that injured workers in Georgia receive the compensation they are entitled to, regardless of whether their employer had the required insurance.
You have already suffered an injury; don't suffer the added injustice of having to pay for it yourself. Let our hardworking team take on the legal battle so you can focus on your recovery.
Contact The Law Offices of Darwin F. Johnson today to discuss your rights and options after a workplace injury. Call us at (470) 285-8246 for a private conversation about your situation.