In Georgia the law requires that employers have Workers’ Compensation insurance coverage if the Employer has three or more employees. All too often, employers fail to purchase Workers’ Compensation coverage. When this happens, the injured employee is in real need of legal representation.
When an employer fails to have Workers’ Compensation insurance coverage, the employee can request a hearing with the State Board. In this hearing, the employee can request to be awarded medical expenses that are injury related, weekly income benefits, attorney’s fees, penalties and even criminal prosecution.
Ironically, the injured worker cannot sue the uninsured employer in civil court. In Georgia, Workers’ Compensation is the “exclusive remedy” for an injured worker. This means that the injured worker cannot file a lawsuit against the uninsured employer. Instead, the injured worker must file a claim with the State Board of Workers’ Compensation. This is the only method that the employee has to collect benefits, when filing a claim becomes necessary.
There are times when an employer is self-insured. This means that the employer has agreed to pay for Workers’ Compensation claims out of pocket rather than buying an insurance premium. However, there are strict guidelines for an employer to follow when declaring themselves self-insured. If these guidelines are not followed there are legal ramifications for the employer.
Filing a claim against an uninsured employer is a difficult task for most injured workers. Many times it is hard to get the information that you need from your employer. Sometimes employers will refuse to give out any information to an employee. This results in the employee being delayed in receiving income benefits and from getting the medical treatment that they need.
How can you determine whether your employer has insurance? We are here to help you with your claim and to answer any questions that you may have. For more information contact us: J. Franklin Burns, P.C. – 1-404-303-7770.