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What if My Employer Doesn’t Have Workers’ Comp Insurance?

Posted on - Wednesday, October 26, 2016 under FAQ, Workers Compensation What if My Employer Doesn’t Have Workers’ Comp Insurance?

As does every other state, Georgia has a separate system for addressing the claims and needs of those who have been injured on the job. Workers’ compensation programs as designed have two primary goals:

  • Getting injured workers the compensation and resources they need to recover sooner rather than later, and
  • Protecting employers from endless lawsuits arising out of workplace injuries.

The way workers’ comp attempts to provide for workers is by allowing workers to make claims for injuries and recover benefits without having to go through the lengthy process of filing a personal injury lawsuit, including having to prove that their employer was at fault for the accident. But the trade-off for sparing workers from having to file a lawsuit and prove causation is that workers are generally prohibited from suing their employers in court for work-related injuries.

But Georgia workers only have to abide by this arrangement if their employers do. All businesses in Georgia with three or more employees are required by law to carry workers’ compensation insurance and participate in Georgia’s workers’ compensation program. But as with any law, it is not always followed. When employers violate the law and fail to have workers’ comp insurance, they are subject to serious criminal and civil penalties imposed by the state of Georgia. More importantly from the injured worker’s perspective, they can be sued for damages in civil court.

Of course, as noted, filing a personal injury lawsuit against an employer means that the employee will need to prove causation and damages, and will have to wait a longer period of time for the claim to be settled or adjudicated in court. However, the damages available in a civil personal injury lawsuit can be significantly greater than the benefits available under workers’ compensation.

The Parian Law Firm: West Georgia Workers’ Compensation Lawyers

At The Parian Law Firm, we take pride in protecting the health and the rights of injured Georgia workers through skilled representation in worker’s compensation matters. If you’ve been injured on the job and are seeking workers’ compensation benefits, or if your employer lacks workers’ compensation insurance, please contact us at (770) 727-5550 or chat live online with a member of our staff today.