orkers’ compensation insurance to cover your medical expenses and lost wages. But what happens if your employer doesn’t have workers’ comp insurance?
In Georgia, most employers are legally required to carry workers’ compensation insurance. However, not every employer follows the law. If your employer is uninsured, it can make an already stressful situation much more complicated. Here’s what you need to know about your rights and options when an employer fails to carry this crucial coverage.
Georgia Law and Workers’ Compensation Requirements
Under Georgia law, any business with three or more employees—including part-time workers—is required to carry workers’ compensation insurance. This system is designed to protect workers by providing medical benefits, income replacement, and rehabilitation services if they are injured on the job.
Employers who fail to carry this insurance are not just neglecting their responsibility—they are breaking the law. The State Board of Workers’ Compensation (SBWC) oversees compliance and can penalize employers who are uninsured.
Signs Your Employer Might Not Have Workers’ Comp Insurance
Sometimes it’s not immediately clear whether your employer has the required insurance. Here are a few red flags:
- Your employer dodges questions about workers’ comp coverage.
- You’re told to use your own health insurance after a work injury.
- You are pressured not to report the injury.
- Your employer claims you’re an independent contractor without proper documentation.
If you suspect your employer is uninsured, it’s important to act quickly.
What You Can Do If Your Employer Doesn’t Have Workers’ Comp
- File a Claim Anyway
Even if your employer claims not to have coverage, you should still report your injury and file a workers’ compensation claim with the SBWC. Sometimes employers are dishonest about their insurance status. The Board can investigate and verify whether your employer is insured or not.
- File a Lawsuit Against Your Employer
If your employer truly doesn’t have workers’ comp insurance, you may have the right to sue them in civil court. Unlike a standard workers’ comp claim, a civil lawsuit allows you to seek:
- Full compensation for medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Punitive damages, if applicable
This route can be more time-consuming and complex, but it also opens the door to compensation beyond what workers’ comp typically provides.
- Report Your Employer to the State Board of Workers’ Compensation
The SBWC has an Enforcement Division that investigates non-compliant employers. You can file a complaint to initiate an investigation. If the employer is found to be uninsured, they could face:
- Civil penalties of up to $10,000
- Criminal charges (a misdemeanor)
- An order to reimburse the state for benefits paid on behalf of the injured worker
While this may not get you immediate financial relief, it can lead to long-term enforcement and possibly restitution.
What If You’re Classified as an Independent Contractor?
Some employers try to avoid carrying workers’ comp by classifying employees as independent contractors. However, classification is based on the nature of your work, not just what your employer calls you.
If your employer controls your schedule, tools, and how the work is done, you may legally be an employee and thus entitled to workers’ comp—even if you signed a contract saying otherwise.
If you’re unsure about your classification, an experienced workers’ comp attorney can help evaluate your case.
Can You Get Help From Georgia’s Uninsured Employers Fund?
Unlike some other states, Georgia does not have an uninsured employers fund that directly pays benefits to injured workers whose employers lack coverage. This means there is no safety net outside of civil litigation if your employer is uninsured.
That makes it all the more important to understand your legal options and work with an attorney to seek compensation through the courts.
Why You Need a Workers’ Comp Attorney in These Situations
When your employer fails to carry workers’ comp insurance, it creates a legal gray area that can be difficult to navigate alone. A workers’ comp attorney can help by:
- Investigating your employer’s insurance status
- Filing a claim or civil lawsuit on your behalf
- Gathering medical evidence and documentation
- Negotiating with your employer or their legal counsel
- Representing you in court if necessary
At Hollington Brown LLP, we’ve seen firsthand how devastating a workplace injury can be—especially when an employer hasn’t followed the law. We are committed to helping injured workers understand their rights and get the compensation they deserve.
What If You’re Afraid of Retaliation?
It’s illegal for an employer to retaliate against you for filing a workers’ comp claim or reporting their failure to carry insurance. Retaliation can include:
- Firing or demoting you
- Cutting your hours or pay
- Harassment or threats
If this happens, you may have grounds for a retaliation lawsuit in addition to your injury claim.
Don’t Wait—Take Action Today
If you’ve been injured on the job and your employer doesn’t have workers’ comp insurance, time is critical. You only have one year from the date of your injury to file a claim under Georgia law—and civil lawsuits have strict deadlines as well.
Here’s what to do now:
- Seek medical attention and document everything.
- Notify your employer of the injury in writing.
- Contact the Georgia State Board of Workers’ Compensation to confirm your employer’s insurance status.
- Consult with a workers’ comp attorney immediately.
We’re Here to Help
At Hollington Brown LLP, we believe no injured worker should be left without support simply because their employer didn’t follow the law. If you’re facing medical bills, lost wages, and uncertainty after a work injury, let us fight for you.
Contact us today for a free consultation. We’ll evaluate your case, explain your rights, and help you explore every option available—even if your employer doesn’t have workers’ comp insurance.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For help with your specific situation, consult with an experienced workers’ compensation attorney.
