Learn how to find out if your employer has the required workers’ compensation coverage in Georgia—and what to do if they don’t
Of the many tools that have been established to protect workers in Georgia, the workers’ compensation system is among the most important. Most employers are required to carry insurance, but too many businesses overlook this crucial step.
In this article, we’ll help you understand if your employer is required to have workers’ comp insurance and explain how to check if they actually have it and what you can do if you’ve been injured on the job and they don’t have coverage.
If you’re being denied workers’ comp benefits after an injury or occupational illness at work because your employer claims you don’t qualify or they’re not required to have it, reach out to our experienced Atlanta work injury attorneys for a free consultation.
Why is workers’ compensation insurance important?
Workers’ compensation is an essential tool in protecting your rights. If you are injured on the job, or even if you have a pre-existing injury that is made worse by your job, you are likely entitled to workers’ comp benefits. Although it can include the lost wages you rely upon while missing work, you do not need to be unable to work to qualify. On the contrary, any injury can entitle you to some form of compensation, no matter how slight.
Generally, employers do not pay claims directly. When an employee is injured on the job, they file a workers’ compensation claim with their employer’s insurance company. Once this claim is filed, the insurance company investigates your claim, examines the events that led to the injury, determines the extent of your injury and hopefully awards compensation for your injuries and losses.
The job of a workers’ compensation insurance company can be quite complex. Due to this inherent complexity, an employer is unlikely to be able to go through this process on its own. More importantly, the amount of compensation for a claim can be quite large depending on the injury. Because of this, many employers may be unable to pay the extent of the claim. This has the strong potential to deny you the compensation you deserve.
For all these reasons, Georgia makes workers’ compensation a legal requirement for almost every employer. An employer who operates without the proper insurance is not only breaking the law, but they are putting your rights in jeopardy.
Is your employer required to have workers’ comp insurance?
Moreover, if the business is operating as an unincorporated business or an LLC, the members or corporate officers are considered employees. Thus, even your boss likely counts toward the tally.
Unless you are working for a single person and there are no other employees, your employer is likely required to have workers’ compensation insurance.
But there are a few workers’ comp exceptions in Georgia.
For instance, if you are employed by a railroad carrier, government agency, as a domestic assistant or as a farm laborer, your employer may fall into an exception. Yet, you should never assume that your employer is exempted. These categories can be difficult to define. If you are in doubt, the best practice is always to speak to a qualified attorney.
Georgia workers’ compensation verification steps
It is crucial that you know whether or not your employer is properly insured. However, this is not a conversation many employees feel comfortable having with their employer. Since almost every employer is required to carry this insurance, Georgia has made it simple to find out if your employer has workers’ compensation.
By visiting the Georgia Workers’ Compensation Verification page, you can quickly and easily determine if your employer is insured. The process is completely free. You’ll simply need to click the link at the bottom of the page that says, “Click here to conduct an Employer Insurance Coverage Search.”
Please note that to conduct a search, you’ll need to know the proper name of your employer and how to spell it correctly. Often, businesses will operate under a different name for legal and public purposes. The legal name of your employer is likely the name that appears on your paystub, but not necessarily.
In Georgia, employers who fail to carry coverage may face significant civil penalties and, in some cases, criminal consequences.
Learn what to do after a work injury in Georgia if your employer doesn’t have the required workers’ comp coverage. You DO have options.
What to do if your employer isn’t properly insured
Finding out that your employer is not taking the proper steps to protect you can be a scary situation. Luckily, it is easy to make sure your rights are protected. If you know or suspect that your employer is not properly insured, you should contact a trusted attorney with experience dealing with workers’ compensation matters. You should not have to deal with the misactions of your employer by yourself. A trusted attorney knows the proper steps to take to correct the illegal actions of your employer and protect your needs.
Don’t wait until it is too late. You don’t want to find out that your employer is uninsured after an accident has already happened. Do your research, protect your rights and ensure that your employer follows the law.
