Are there Certain People Who Aren’t Allowed to File a Workers Comp Claim in Georgia?
Most people who get hurt on the job are able to file a claim under worker’s compensation in Georgia. In fact, if you get hurt at work this is your only option. For the most part, you aren’t able to file a personal injury lawsuit against your employer. The law protects employers from this kind of liability. However, your company is required to maintain workers’ compensation insurance in case any of their workers do suffer a work-related injury.
In a way, this is comforting. Knowing that you’ll have medical care and replacement wages while you’re recovering from your injuries is reassuring. However, for some people, workers comp isn’t an option. This is the case for three main groups of people. The first group is those people whose workers comp claim is denied. It could be denied for a variety of reasons.
The second group is made up of people who aren’t entitled to workers comp because they aren’t technically considered employees. This would include people like consultants and independent contractors. The last group of people who cannot avail themselves of workers comp benefits in Atlanta includes people who work in certain industries. For example, if you work for the railroads, you typically are excluded from collecting workers’ comp benefits.
For people who aren’t entitled to workers comp, suffering a work-related injury can be devastating. They find themselves in a Catch-22 situation. They can’t sue their employer in personal injury. Yet they can’t collect workers’ comp benefits. Here, we’ll talk about what options these workers have and how an experienced workers comp lawyer in Atlanta can help.
What Industries are Excluded from Workers Comp in Georgia?
There are certain positions that simply make a person ineligible for workers’ compensation. For some of these groups, there is some other form of coverage. For example, railroad employees cannot file a claim under workers comp in Georgia. However, they are covered under the Federal Employer’s Liability Act, or the Railroad Act. The following groups, like railroad workers, are also excluded from workers comp in Atlanta:
- Farm laborers
- Small business owners
- Federal employees (they are covered by the Federal Employee Compensation Act)
- Independent Contractors
- Unpaid Interns
If you aren’t sure about whether you are entitled to benefits, call and talk to one of our skilled injury lawyers right away.
What Other Types of Employees May Not Be Entitled to Benefits?
The general rule in Georgia is that, if a company has at least three (3) employees, they must carry workers comp benefits. This means that, if you work for such a small company that there are only two (2) employees, you may not be entitled to workers comp.
Now, that doesn’t mean your employer won’t offer coverage. They may choose to do so because they know it’s the right thing to do. However, this is never a guarantee. If you aren’t sure if you’re entitled to benefits, you can check online at the government workers’ comp portal. Or, you can reach out and talk to one of our skilled worker’s comp attorneys in Atlanta.
Contact a Skilled Workers Comp Lawyer in Atlanta, Georgia
If you’re an independent contractor in Georgia and get injured on the job, you’re stuck between a rock and a hard place. You have given up your rights to file a personal injury lawsuit against your company. Yet you aren’t entitled to workers comp benefits. While disability is always an option, you may not qualify for disability. This is one of the drawbacks of being a freelancer or independent contractor. Unless you are classified as an employee, you aren’t entitled to workers’ comp benefits. And, even if you are able to file for workers comp, that doesn’t mean your claim will be approved.
For people who are hurt at work, the last thing they should have to worry about is paying their bills. They should be allowed to focus on getting better and getting back to work. This is a lot harder to do when you have no income. And, if you don’t have primary healthcare insurance, you may wonder how you’re even going to get the medical treatment you need.
This is when you need to call and talk to one of our worker’s comp lawyers in Atlanta, Georgia. While we cannot change the law, we can review your case and let you know what your options are. Call today and schedule your initial consultation. It doesn’t cost you a dime and you won’t pay until you settle your case.
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