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I take calls every month from people injured on the job who work for an employer that does not carry workers compensation insurance. Under Georgia law, any employer who regularly employs 3 or more persons is required to have workers compensation insurance. Unfortunately, many smaller businesses do not comply with this requirement. Workers compensation insurance can be expensive, and some business owners simply "hold their breath" and exist without it, hoping they will not have a claim filed against them. Some employers even believe that if they do not carry workers comp insurance that they will not have to pay claims. However, just because an employer who is supposed to have workers comp insurance does not, the employer is still liable for payment of benefits in the event of a work injury, just as if there was insurance. In other words, it is not a defense to a workers comp claim that the employer does not have workers comp insurance. On the other hand, few uninsured employers can afford to pay benefits without workers comp insurance, especaiily medical benefits for serious injuries which require expensive medical treatment. As a result, lawyers are reluctant to take cases against uninsured employers, because the likelihood of obtaining relief for the injured worker is small, and sometimes, impossible. If you are employed by an employer that does not carry workers compensation insurance, you are taking a very serious risk, especially if you are in a line of work that is dangerous, or where you work with power tools, or engage in manual labor. You would be wise to make sure you have another source of health insurance, or a way to pay for medical treatment in the event your suffer an injury, because it is very unlikely your employer can or will do anything meaningful to assist you. If you have questions about your workers compensation claim, or have been hurt on the job, please contact me. Thanks, and have a great day. BGS
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