What to Do if Your Employer Doesn’t Have Workers’ Comp Insurance in Georgia

• February 1, 2025
• Attorney David Mann
• Workers' Compensation

You are at work on a construction site and, through no fault of your own, you trip and fall over a piece of equipment that was put in the wrong place.  Your injuries are severe and your doctor says you will miss up to 6 months of work.  You contact your employer to get the ball rolling on a workers’ comp insurance claim, only to be told that they do not carry workers’ compensation insurance.

This blog post will discuss what to do if your employer doesn’t have workers’ comp insurance in Georgia.

Workers’ Compensation in Georgia: A Legal Requirement

Employers with 3 or more employees are required to carry workers’ compensation insurance.  Many companies with less than 3 employees choose to carry workers’ compensation insurance, but there are some who do not.  If your employer does not carry workers’ compensation insurance, you have a right to sue them for negligence.

If you are considered an independent contractor, you will not be eligible for workers’ comp from your employer.  An independent contractor is defined as someone who has control over when, how, or where the work takes place.

There are stiff penalties for employers who are required to have workers’ comp in Georgia but decide not to.  Employers may face up to a $5,000 fine if the employer deliberately fails to purchase workers’ compensation insurance.  In addition, employers can be found guilty of a misdemeanor offense and could be fined or even face prison time.

Options for Injured Workers

There are options available if your employer does not have workers’ compensation insurance.  You should still file a claim with your employer, because they may have been untruthful about not carrying workers’ comp insurance in an effort to keep their premiums from rising because of your claim.  Also, your employer may be part (a subsidiary) of a bigger company that your immediate employer may not know about.

If your employer does not have workers’ comp, you may have the option of suing them directly for negligence.  While the process is more complex than filing a workers’ compensation claim, there are some advantages to this option.  Remember, you can sue your employer for negligence for your injuries only if they do not have workers’ comp insurance.

Benefits of Filing a Lawsuit

There are several benefits of filing a personal injury lawsuit against your employer. First, you may be able to recover more compensation than you would through a workers’ compensation claim. Second, you may be able to hold your employer accountable for their negligence. Third, you may be able to help prevent other workers from being injured in the future.

How a Workers’ Compensation Attorney Can Help

If you have been injured at work and your employer does not have workers’ compensation insurance, it is important to speak with an experienced workers’ compensation attorney. A workers’ compensation attorney can help you understand your legal rights and options. They can also help you file a personal injury lawsuit against your employer.

An experienced attorney will know how to investigate your accident, gather evidence, and build a strong case on your behalf. They will also be able to negotiate with your employer’s insurance company or represent you in court if necessary.

Choosing the Right Attorney

Choosing the right attorney is an important decision. You should look for an attorney who has experience handling workers’ compensation cases. You should also feel comfortable with the attorney and be confident in their ability to represent you.  It is also important to choose an attorney with a winning record fighting against insurance companies.

Additional Information

In addition to the information above, here are some other things to keep in mind if your employer does not have workers’ compensation insurance:

• You may be able to file a claim with the Georgia Subsequent Injury Trust Fund. This fund provides benefits to workers who are injured on the job and whose employers do not have workers’ compensation insurance.
• You may be able to receive Social Security disability benefits if you are unable to work due to your injuries.
• You may be able to receive unemployment benefits while you are recovering from your injuries.

It is important to seek legal advice as soon as possible after a workplace injury. An experienced attorney can help you understand your rights and options and protect your interests.

Contact The Mann Law Firm Today To Discuss A Claim Against Your Employer

The Mann Law Firm has been helping clients file claims against their employers for over 30 years.  David Mann used to work as in-house defense counsel at a large insurance company, so he knows the tactics used to pay out settlements for as little as possible.  If you have been injured at work and your employer does not have workers’ compensation insurance, our attorneys will help file a personal injury claim against your employer.  We can be reached at (478) 742-3381.  We work on a contingency basis, which means we do not get paid unless you collect compensation for your injuries.