All businesses in Georgia with more than three employees are required to carry workers’ compensation insurance. If you work for a business without that coverage and are injured on the job, what do you do? There are several steps you can take, and a Georgia workers’ compensation attorney can help you understand your rights and get the compensation you need.
When is Workers’ Comp Insurance Required?
Workers’ compensation insurance is a requirement for businesses of more than three employees, with a few exceptions, namely railroads, farm laborers, government agencies, and domestic workers, according to the State Board of Workers Compensation. It’s an important safeguard for employees who are injured on the job and unable to work for more than a week afterward. It ensures that once the proper forms are filed and the claim is started, the employee will get up to two-thirds of their weekly pay, and the employer will cover their medical bills until they can return to work.
Your Rights When Employer Doesn’t Carry Workers’ Compensation Insurance
If you live in Georgia and your employer doesn’t carry worker’s compensation insurance, that doesn’t mean you are automatically out of luck if you are injured on the job. If you are unsure whether or not your employer has workers’ comp coverage, the State Board can help if you call the Enforcement Division at 1-800-743-5436. If they are supposed to carry that coverage and don’t, the State Board needs to know.
Sometimes, you work for a subsidiary or subcontractor, and the business carrying the coverage is not the one on your paycheck. The State Board can help you sort that out. Their purpose is to help Georgians understand their rights, although it will often take an attorney to defend your rights if there is a dispute. Don’t assume that if some employees are part-time, they don’t count. The State Board says that even part-time employees count as long as they are a regular part of the business.
Legal Steps to Take if Your Employer Doesn’t Have Workers’ Comp
Even if you feel that your employer doesn’t carry workers’ compensation coverage, there are still steps you should take to preserve your rights:
- File a WC-14 Form (Notice of Claim/Request for Hearing/Request for Mediation) because you could be wrong
- Gather up any evidence that shows how your injury happened (photos, witness information, etc.)
- Seek immediate medical attention
Your employer may be liable for paying your lost wages and medical bills personally if he doesn’t have workers’ compensation insurance.
Legal Options Outside of Workers’ Comp
There are other legal options that may be pursued, even if you cannot locate workers’ compensation coverage for your employer. These include:
- Lawsuits against the employer personally for not having coverage and/or because of the cause of the injury
- Personal injury claims
- Potential role of third parties in the injury
Contact Our Georgia Workers’ Compensation Attorney Today
The best way to understand all of your options under Georgia law is to talk to the experienced Georgia workers’ compensation lawyer at Parsons Law Group. Contact us today for a consultation.