[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/what-if-employer-doesnt-have-workers-comp-coverage\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/what-if-employer-doesnt-have-workers-comp-coverage\/","headline":"What Can I Do If My Employer Doesn\u2019t Have Workers\u2019 Compensation Coverage?","name":"What Can I Do If My Employer Doesn\u2019t Have Workers\u2019 Compensation Coverage?","description":"You can report your employer to the Board of Workers\u2019 Compensation Enforcement Division if it doesn\u2019t have\u00a0workers\u2019 compensation coverage\u00a0and is legally required to carry it. You could also file a claim with Georgia\u2019s uninsured employer\u2019s fund or sue your employer.\u00a0While workers\u2019 compensation laws typically prohibit employees from filing...","datePublished":"2023-02-21","dateModified":"2024-03-21","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/#Person","name":"John Sherrod","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2023\/02\/handshake-client-lawyer.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2023\/02\/handshake-client-lawyer.jpg","height":562,"width":1000},"url":"https:\/\/www.sherrodandbernard.com\/blog\/what-if-employer-doesnt-have-workers-comp-coverage\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U","name":"What are workers' compensation benefits if I am hurt at work?","description":"The general rule is that you cannot sue your employer or a co-employee for personal injury. An injured worker is limited to collecting only workers' compensation benefits. What happens if a worker is hurt on the job by someone other than a co-employee or the employer? For example, what if an employee is required to drive as a part of this job? While on a work mission, the employee is hurt by random motorist running a red light. In that situation, the client would have two cases. \n\nFirst, there would be a personal injury case against the at fault driver for running a red light, but the worker would also have a workers compensation case since he was hurt while working for his employer. At Sherrod & Bernard, we handle workers' compensation and personal injury cases. Every injured worker who comes in our door, we look to see if they also have a personal injury case.","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/default.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/maxresdefault.jpg"],"uploadDate":"2019-04-05T23:35:20+00:00","duration":"PT1M18S","embedUrl":"https:\/\/www.youtube.com\/embed\/X23toflfd6U","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w#Organization","url":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w","name":"Sherrod and Bernard","description":"When you are in a legal bind, you need an experienced attorney you can count on to provide you with skilled representation and sound legal counsel. Every lawyer under the sun will tell you that he or she is the right person for the job, but you need a firm backed with a successful track record. You need the firm of Sherrod & Bernard, serving the Douglasville area.\n\nAfter attending the University of Georgia together, attorneys John Sherrod and Ken Bernard founded the law firm of Sherrod & Bernard, P.C. in 1992. From the very beginning, the goal of our firm has been to provide each and every client with the quality personal service and skilled representation they deserve. You can count on our work ethic and our commitment to our clients.\n\nYou need a highly skilled attorney to successfully resolve your legal issues. One of our lawyers can help. Schedule a free consultation by calling our Douglasville office at 770-920-8350.","logo":{"url":"https:\/\/yt3.ggpht.com\/uK-5K9pyHHwlk4D1Wclej9JOOudzsipnxVRsoc1u0fyFTl1Ykw0P1mMXhCw6PbtfZAwzpbuF_A=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":465617}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":23}]},"about":["Workers' Compensation"],"wordCount":1032,"articleBody":"You can report your employer to the Board of Workers\u2019 Compensation Enforcement Division if it doesn\u2019t have\u00a0workers\u2019 compensation coverage\u00a0and is legally required to carry it. You could also file a claim with Georgia\u2019s uninsured employer\u2019s fund or sue your employer.\u00a0While workers\u2019 compensation laws typically prohibit employees from filing lawsuits against their employers, these rules only apply to employers that carry such insurance.At\u00a0Sherrod & Bernard, P.C., we are dedicated to helping injured workers in Georgia. Keep reading to learn more about the workers\u2019 compensation system and what you can do if your employer doesn\u2019t have coverage.What Is Workers\u2019 Compensation?Workers\u2019 compensation is an insurance program designed to protect employees when they get sick or hurt at work.\u00a0The 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.\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tAre All Employers in Georgia Required to Carry Workers\u2019 Compensation?State law requires only businesses with three or more full-time, part-time, and\u00a0seasonal employees to carry workers\u2019 compensation\u00a0insurance.\u00a0The members or officers of an LLC or incorporated company are also considered employees under workers\u2019 compensation law.Coverage isn\u2019t mandatory for\u00a0independent contractors\u00a0since they are not considered employees. Other workers exempt from the workers\u2019 compensation program in Georgia include:Farmers and farm workersRailroad employeesFederal government workers.What Benefits Does Workers\u2019 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\u2019 compensation insurance include:Temporary total disability \u2014\u00a0Temporary total disability is for employees who can\u2019t 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 \u2014\u00a0You 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 \u2014\u00a0Your 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\u2019 compensation insurance include:Mileage reimbursement\u2014\u00a0The insurance company can reimburse you for mileage while traveling to and from your doctor\u2019s appointments.Death benefits \u2014\u00a0If a\u00a0work-related injury\u00a0or illness causes an employee\u2019s 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 \u2014\u00a0Surviving family can collect up to $7,500 to pay reasonable expenses related to the deceased\u2019s burial and funeral.How Can I Find Out if My Employer Has Workers\u2019 Compensation Insurance?You can determine whether your employer carries workers\u2019 compensation insurance by searching the\u00a0Employer\u2019s Workers\u2019 Compensation Coverage Verification\u00a0website.What Are the Consequences for Non-Compliant Employers?The\u00a0State Board of Workers\u2019 Compensation\u00a0imposes penalties on employers that don\u2019t carry workers\u2019 compensation insurance. Those penalties can include:Liability \u2014\u00a0An employer can be liable for injuries that would typically be covered by workers\u2019 compensation coverage. The Board can assess civil penalties and attorneys\u2019 fees for work-related accidents. If an employer refuses or willfully neglects to purchase workers\u2019 compensation insurance, the Board can also issue a 10 percent increase in compensation for the injured or sick employee.Civil Penalties \u2014\u00a0Employers that violate the Board\u2019s rules or regulations, fail to file a required form or report, or fail to follow the Board\u2019s 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 \u2014\u00a0Employers that willfully neglect or refuse to secure workers\u2019 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\u00a0report a non-compliant employer\u00a0by completing a form and submitting it to the State Board of Workers\u2019 Compensation Enforcement Division.Contact a Georgia Workers\u2019 Compensation LawyerSherrod & 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\u2019 compensation attorney from Sherrod & Bernard, P.C., to learn more about how we can help.Visit Our Workers\u2019 Compensation Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Can I Do If My Employer Doesn\u2019t Have Workers\u2019 Compensation Coverage?","item":"https:\/\/www.sherrodandbernard.com\/blog\/what-if-employer-doesnt-have-workers-comp-coverage\/#breadcrumbitem"}]}]