By GNGF Design/Development on September 30th, 2024 in Uncategorized
Most Georgia businesses with three or more employees are required to have workers’ compensation insurance even if the workers are:
- Full-time
- Part-time
- Seasonal
If you’re an undocumented worker, filing a claim is complex and complicated. At The Law Offices of Darwin F. Johnson, we’ve handled over 10,000 claims in Georgia and can help you fight for the benefits you deserve.
Call us or fill out our form to schedule a consultation with one of our lawyers.
Are Undocumented Workers Eligible for Workers’ Compensation Benefits?
Undocumented workers are at a disadvantage because there may not be a record of employment, such as pay stubs. You will need to show your pay, and from an employer’s perspective, they’re breaking the law by having an undocumented worker.
Filing a workers’ comp claim as an undocumented worker is more complex, but it’s still possible.
Georgia gives the same rights to undocumented workers as any other worker, whether they have a Green Card or U.S. citizenship,
What Coverage is Available?
Undocumented workers will receive coverage if their employer is required to have workers’ comp insurance that includes:
- Wage replacement: Workers will be eligible for financial benefits of up to two-thirds of their average weekly wage, up to $800 per week. Benefits can last for up to 400 weeks. If you suffer from catastrophic injuries, lifetime benefits may be available.
- Medical benefits: All incident-related medical care will be covered by your benefits, including visits to the emergency room, doctor’s office, diagnostic tests and rehabilitation costs.
Temporary and total disability payments are also provided to undocumented workers if they’re injured at work as long as they’re not in an exempt industry.
Working with a lawyer will help you avoid many of the challenges you’ll face when filing a claim.
The Challenges of Filing a Workers’ Comp Claim for Undocumented Workers
Although undocumented workers are entitled to the same workers’ compensation benefits as any other worker, they may face challenges when filing a claim.
There are a few issues that can complicate the process.
Unreported Payments
Some undocumented workers are paid in cash, and these payments are never properly reported.
Workers who are paid “under the table” may find it difficult to verify their income.
Remember that your benefits will be based on your weekly pay. While unreported payments won’t make you ineligible for compensation, they can make it challenging to obtain adequate wage replacement benefits.
A Known Pre-Existing Condition
Pre-existing conditions can complicate workers’ compensation claims for any worker – undocumented or otherwise.
If you have a pre-existing condition that the insurance company believes contributed to your accident and injury, you may not be eligible for a settlement.
Insurance companies take pre-existing conditions into account when determining whether an injury is directly related to workplace duties.
Which Employers are Exempt from WC Requirements?
Although most businesses in Georgia are required to carry workers’ compensation insurance, there are some exceptions. There are two primary categories of businesses that are exempt from WC requirements.
- Sole Proprietors and Partnerships. Businesses are only required to have WC insurance if they have three or more employees. Sole proprietors are single-employee businesses, which makes them exempt. Partnerships can also be exempt if the business strictly consists of two employees.
- Agricultural. Businesses that employ agricultural workers are also exempt from workers’ compensation insurance requirements in Georgia. Many businesses in this sector voluntarily obtain coverage, but it is not required.
If either of these scenarios applies to you as an agricultural worker, then you may be exempt from workers’ compensation benefits.
Can Coverage Be Later Rescinded?
Although there are challenges to filing a workers’ compensation claim as an undocumented worker in Georgia, you are still entitled to the same benefits as any other worker.
However, that also means that your benefits can be rescinded for the same reasons as any other worker.
In Georgia, workers may be at risk of losing their benefits if they:
- Refuse to submit to a required medical exam.
- Fail to follow their doctor’s recommendations.
- Refuse to try a light-duty job. Under Georgia law, the insurance company can terminate your benefits if you refuse any suitable work offered to you.
It’s important to remember that the insurance company’s top priority is to protect its own profits. It is not uncommon for insurers to go out of their way to find any reason to terminate benefits, so even if your payments were suspended for a seemingly valid reason, it’s important to consult with an attorney before accepting the decision.
Experienced attorneys, like those at The Law Offices of Darwin F. Johnson, can help you understand your options and the best path forward if your benefits were wrongfully terminated.
No matter what stage of the claims process you’re in, our skilled attorneys can help you navigate the road ahead.
Contact us or call us today to schedule a free consultation and discuss your workers’ compensation claim.
