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Injured at Work and Your Employer Has No Workers’ Comp Insurance? Here’s What to Know
Getting hurt on the job is stressful enough, but the situation becomes more serious if your employer has no workers’ comp insurance. In Georgia, most employers are legally required to carry workers’ compensation coverage. When they don’t, injured workers are left with unanswered questions and unpaid medical bills.
In this blog, we explain what happens if your employer has no workers’ comp insurance, what steps you should take after a workplace injury, and how working with an experienced Atlanta workers’ compensation lawyer can help you pursue the compensation you deserve.
Georgia’s Workers’ Compensation Insurance Requirements
Understanding Georgia’s workers’ compensation insurance laws is the first step if you’ve been injured and your employer has no workers’ comp insurance.
Which Employers Must Carry Workers’ Comp Insurance
Under Georgia law (O.C.G.A. § 34-9-120), most employers with three or more employees are legally required to carry workers’ compensation insurance. This includes both full-time and part-time employees. It does not matter if the business is large or small. If it meets the employee threshold, it must provide workers’ compensation coverage.
What Workers’ Compensation Insurance Must Cover
Workers’ compensation coverage must pay for medical treatment, lost wages, and rehabilitation services if an employee suffers a work-related injury. Injured workers are entitled to receive two-thirds of their average weekly wage, up to a state-set maximum. The insurance must also cover permanent disability and death benefits when applicable.
Penalties for Employers Without Insurance
If an employer fails to carry workers’ comp insurance, they can face severe penalties. According to O.C.G.A. § 34-9-121, operating a business without required insurance is a criminal offense punishable by fines and possible jail time. The State Board of Workers’ Compensation can also shut down the business or issue civil penalties. These penalties are enforced by the Enforcement Division.
Why Compliance Matters
Employers who don’t provide workers’ compensation insurance put their business and employees at risk. Injured employees may be forced to seek compensation through a personal injury lawsuit. Lack of insurance coverage leaves both sides vulnerable. Legal action can lead to larger financial losses for the business than the cost of proper insurance coverage.
What Happens When an Employer Has No Workers’ Comp Insurance
If your employer has no workers’ comp insurance, the situation becomes more serious for both you and the business.
Operating Without Insurance Is Illegal
In Georgia, it is illegal for a business to operate without required workers’ compensation coverage. State law states that employers must carry workers’ comp insurance if they have three or more employees. Failing to do so is a criminal offense. It can lead to fines, jail time, or both.
Penalties for the Employer
An employer who does not carry workers’ compensation insurance may face enforcement by the State Board of Workers’ Compensation. The Enforcement Division can issue civil penalties or even shut down the business. A company found without workers’ compensation coverage may also be forced to pay out of pocket for an injured worker’s medical bills and lost wages.
Impact on Injured Workers
Injured workers face more difficulty when an employer is uninsured. You may not receive workers’ compensation benefits through the usual claims process. Instead, you may have to seek compensation through legal action. This can include a personal injury lawsuit where you must prove your employer was at fault.
Risk of Delayed or Denied Benefits
Without proper insurance, delays in getting medical treatment or lost wage payments are common. Injured employees may be left without income or care during recovery. If the employer cannot pay, injured workers may need to look at third-party options or other legal remedies.
Why Some Employers Fail to Carry Insurance
Some businesses do not carry workers’ comp insurance because they want to reduce costs. Others may wrongly classify employees as independent contractors. In both cases, the employer is still subject to Georgia law. Misclassifying workers does not remove the legal obligation to provide workers’ compensation coverage.
Why Employers Skip Workers’ Comp Insurance (and Why It’s Risky)
Some businesses try to avoid the cost of workers’ compensation insurance, but doing so puts them at legal and financial risk.
Trying to Save Money
One common reason employers skip workers’ comp insurance is to cut business expenses. They may see insurance premiums as avoidable costs. This choice is short-sighted. A single workplace injury can result in much higher payouts for medical bills, lost wages, and legal action.
Misclassifying Employees
Some companies avoid carrying workers’ compensation insurance by misclassifying employees as independent contractors. This tactic does not remove the legal requirement. If the job duties and work structure meet the legal definition of employment under Georgia law, the employer must still provide workers’ compensation coverage.
Ignoring the Law
In some cases, employers are unaware of their obligations or choose to ignore them. Under Georgia Code § 34-9-121, this is a criminal offense punishable by fines or jail time. A business found operating without workers’ comp insurance may face shutdown, financial penalties, and legal consequences.
The Risk of Legal Action
If an injured worker files a personal injury lawsuit, the employer may be forced to pay all damages out of pocket. These may include medical costs, lost wages, and punitive damages. Without insurance coverage, the company has no protection against these claims.
Damage to Business Reputation
Failing to carry workers’ compensation insurance also harms a business’s reputation. Being reported to the State Board of Workers’ Compensation or sued by injured employees can make it harder to hire workers or keep clients. A legally operating business must meet state insurance requirements to maintain trust and credibility.
What Injured Workers Should Do Immediately
If your employer has no workers’ comp insurance, taking fast and correct action is key to protecting your right to compensation.
Get Medical Treatment Right Away
Your health comes first. After a workplace injury, get medical treatment immediately. Even if your employer lacks insurance coverage, you still need care. Keep records of every doctor visit, diagnosis, and medical bill. These documents are critical if you need to file a claim or start legal action.
Report the Injury in Writing
Tell your employer about the injury as soon as possible. Under Georgia law, you must report a work-related injury within 30 days. Do it in writing and keep a copy. This helps prove that the injury happened on the job and starts the official timeline for your claim.
Do Not Wait to Seek Legal Advice
If your employer does not carry workers’ comp insurance, speak to a workers’ compensation attorney immediately. At Workers’ Compensation Lawyers Atlanta, we help injured employees understand their legal options. You may be able to seek compensation through the state board or by filing a lawsuit.
Collect and Organize Evidence
Save everything related to your injury. This includes photos of the accident site, witness names, and copies of medical bills. Detailed records support your claim and help your workers’ compensation lawyer build your case. We often see injured workers lose valuable time and evidence by waiting too long to act.
Contact Our Office for a Free Consultation
If you are unsure what to do next, contact our team. We offer a free consultation to injured workers who are facing uninsured employers. We will review your case, explain your rights, and help you take the next step to seek compensation.
Consult With an Experienced Atlanta Workers’ Compensation Attorney ASAP!
If you’ve suffered a workplace injury and discovered that your employer has no workers’ comp insurance, you don’t have to face the situation alone. Our team at Workers’ Compensation Lawyers Atlanta has the experience and focus to help injured workers hold employers accountable and recover the benefits they deserve.
Contact us at 470-518-5026 for a free case consultation today!
