You can report your employer to the Board of Workers’ Compensation Enforcement Division if it doesn’t have workers’ compensation coverage and is legally required to carry it. You could also file a claim with Georgia’s uninsured employer’s fund or sue your employer. While workers’ compensation laws typically prohibit employees from filing lawsuits against their employers, these rules only apply to employers that carry such insurance.
At Sherrod & Bernard, P.C., we are dedicated to helping injured workers in Georgia. Keep reading to learn more about the workers’ compensation system and what you can do if your employer doesn’t have coverage.
What Is Workers’ Compensation?
Workers’ compensation is an insurance program designed to protect employees when they get sick or hurt at work. The program pays for necessary medical care, provides wage-replacement benefits to offset lost income, and offers vocational training for those who cannot return to their old jobs. It also covers dependents of workers who die from job-related injuries and illnesses.
Are All Employers in Georgia Required to Carry Workers’ Compensation?
State law requires only businesses with three or more full-time, part-time, and seasonal employees to carry workers’ compensation insurance. The members or officers of an LLC or incorporated company are also considered employees under workers’ compensation law.
Coverage isn’t mandatory for independent contractors since they are not considered employees. Other workers exempt from the workers’ compensation program in Georgia include:
- Farmers and farm workers
- Railroad employees
- Federal government workers.
What Benefits Does Workers’ Compensation Provide?
You are entitled to disability and medical benefits if an injury or illness keeps you out of work or prevents you from earning your usual wages. The disability benefits available through workers’ compensation insurance include:
- Temporary total disability — Temporary total disability is for employees who can’t work for at least seven days due to a qualifying medical condition. Payments are two-thirds of the average weekly wage before the job-related accident, subject to a maximum limit under state law. Temporary total disability benefits should continue until you reach maximum medical improvement (MMI), or when your condition is not likely to improve with further treatment. Payments cannot exceed 400 weeks from the injury date unless the injury is considered catastrophic such as paralysis, severe burns, or an amputated limb.
- Temporary partial disability — You can collect temporary partial disability benefits if you can return to your job but earn less money than you did before the injury or illness. Payments are two-thirds of the difference between your average weekly wage before and after the workplace accident. Payments cannot exceed the maximum limit under state law or continue for more than 350 weeks from the injury date.
- Permanent disability — Your doctor will evaluate you to determine the permanency of your condition when you reach MMI. They will provide a disability rating which indicates the effect of your injury on your body as a whole. You can collect payments for the rest of your life at the temporary total disability rate if you have a permanent and total disability. If your injury is considered a permanent partial disability, your payments will be the same rate as your temporary total disability benefits. The duration of coverage will depend on the affected body part and your disability rating.
Medical benefits pay for necessary and reasonable medical care related to the illness or injury suffered on the job. If you were injured after July 1, 2013, coverage continues up to 400 weeks unless your injury is catastrophic, or you require the replacement of durable medical equipment or a prosthetic device a doctor provided to you within 400 weeks of the workplace accident.
Additional benefits available through workers’ compensation insurance include:
- Mileage reimbursement— The insurance company can reimburse you for mileage while traveling to and from your doctor’s appointments.
- Death benefits — If a work-related injury or illness causes an employee’s death, surviving dependents can file a claim for death benefits. Payments would be at the same rate as total temporary disability benefits if the surviving family member were totally dependent on the employee.
- Funeral benefits — Surviving family can collect up to $7,500 to pay reasonable expenses related to the deceased’s burial and funeral.
How Can I Find Out if My Employer Has Workers’ Compensation Insurance?
You can determine whether your employer carries workers’ compensation insurance by searching the Employer’s Workers’ Compensation Coverage Verification website.
What Are the Consequences for Non-Compliant Employers?
The State Board of Workers’ Compensation imposes penalties on employers that don’t carry workers’ compensation insurance. Those penalties can include:
- Liability — An employer can be liable for injuries that would typically be covered by workers’ compensation coverage. The Board can assess civil penalties and attorneys’ fees for work-related accidents. If an employer refuses or willfully neglects to purchase workers’ compensation insurance, the Board can also issue a 10 percent increase in compensation for the injured or sick employee.
- Civil Penalties — Employers that violate the Board’s rules or regulations, fail to file a required form or report, or fail to follow the Board’s orders must pay a civil penalty between $100 and $1,000. If an employer intentionally and knowingly makes misleading or false statements to deny benefits or payments, the Board can impose a civil penalty of at least $1,000 but no more than $10,000. Employers that violate their duty to provide coverage under the law can face a civil penalty between $500 and $5,000.
- Criminal Penalties — Employers that willfully neglect or refuse to secure workers’ compensation insurance required by law can face criminal penalties. Those penalties could include imprisonment for up to 12 months, and a fine between $1,000 and $10,000.
How Can I Report a Non-Compliant Employer?
You can report a non-compliant employer by completing a form and submitting it to the State Board of Workers’ Compensation Enforcement Division.
Contact a Georgia Workers’ Compensation Lawyer
Sherrod & Bernard, P.C., has over 30 years of experience protecting the rights of injured clients in Georgia. We stand ready to fight for the benefits you are entitled to for your job-related injury or illness. If you were injured or became ill at work, contact a workers’ compensation attorney from Sherrod & Bernard, P.C., to learn more about how we can help.
