Understand if your job qualifies for workers’ comp insurance in Georgia and how to protect your rights after a work injury
Workers’ compensation is a vital safety net for Georgia employees, providing benefits for medical expenses, lost income, and more when workplace injuries or occupational diseases occur. Unfortunately, not all workers are eligible for these benefits, so understanding the exemptions is crucial.
Whether you’re an agricultural worker, a domestic employee, or someone misclassified as an independent contractor, it’s important to know where you stand and what options are available to you.
In this article, we’ll explain which workers do not qualify for workers’ comp benefits in Georgia, how to verify whether your employer carries the required insurance, and the penalties employers may face for non-compliance. If you believe you’ve been misclassified or wrongfully denied benefits, we’ll also outline steps you can take to get the workers’ comp benefits you deserve.
If you’re injured at work in Georgia and unsure of your eligibility for workers’ comp, our skilled Atlanta workers’ compensation lawyers can review your case and explain your rights for free.
Which employers are required to carry workers’ comp insurance in Georgia?
In Georgia, most employers with 3 or more employees are required to carry workers’ compensation insurance. This includes full-time, part-time, and seasonal workers.
Please note that workers’ comp insurance is the responsibility of the employer and comes at no cost to the worker.
Which workers are exempt from workers’ comp in Georgia
While the vast majority of employees in Georgia are covered under workers’ compensation, certain groups are exempt and do not typically qualify for benefits under Georgia law. These include:
- Independent contractors. Independent contractors are not considered employees and are, therefore, not covered. However, employers sometimes misclassify employees as independent contractors to avoid providing benefits, so it’s essential to verify your classification if you’ve been denied coverage.
- Agricultural workers. Employers in the agriculture sector are generally not required to provide workers’ compensation for farmworkers, although some do so voluntarily.
- Domestic workers. Employees working in private homes, such as nannies, housekeepers, and caregivers, are typically exempt from workers’ comp requirements.
- Business owners and partners. Self-employed workers, owners, sole proprietors, and partners in a business are usually exempt unless they choose to opt into coverage.
- Railroad and federal employees. These workers are covered under separate federal programs, such as the Federal Employers Liability Act (FELA) or the Federal Workers’ Compensation Program.
- Casual or temporary workers. Those hired for certain short-term or irregular work that is not part of the employer’s usual business operations may not be eligible.
If you’re unsure whether you fall into one of these categories or believe you’ve been wrongfully classified as an independent contractor or otherwise excluded from workers’ compensation benefits after an injury at work, you should reach out to a local Atlanta workers’ comp attorney who can help you explore your legal options.
FAQs & Questions to Ask Your Workers’ Comp Lawyers
Get answers to common questions about Georgia workers’ comp benefits, laws, and more.
How can I check if my employer carries Georgia workers’ comp insurance?
To check if your employer carries workers’ compensation insurance in Georgia, you can use the Online Employer’s Workers’ Compensation Coverage Verification tool provided by the Georgia State Board of Workers’ Compensation.
This easy-to-use resource allows you to verify your employer’s coverage by simply entering their name. If you suspect your employer isn’t complying with Georgia workers’ comp requirements, this tool is a great first step to confirm their status.
If you discover your employer doesn’t have the required insurance, you can reach out to the Enforcement Division at (404) 657-7285 or 1-(800) 743-5436.
What happens if I’m injured and my employer doesn’t have the required workers’ comp insurance in Georgia?
If you’re injured at work in Georgia and discover that your employer doesn’t have the required workers’ compensation insurance, you still have options to seek compensation.
The first thing you should do is report your injury to your employer. Some employers might claim they lack coverage out of fear of increased premiums, but they may actually have a policy under a different name or through a parent company, so you should still report your injury within 30 days to ensure you remain eligible for benefits.
If your employer truly doesn’t have coverage, you may be able to recover compensation through a “statutory employer,” such as a contractor above your employer in the job’s hierarchy who does carry workers’ comp insurance.
If no such coverage exists, you can file a claim directly against your employer. In this case, they would be personally responsible for covering your medical bills and lost wages. Filing a workers’ comp claim with the Georgia State Board of Workers’ Compensation not only protects your rights but also triggers potential legal action against your employer, as operating without required workers’ comp insurance is illegal.
Since pursuing these claims can be complex, consulting a skilled Georgia workers’ compensation attorney is essential. An attorney can help you navigate the process, identify potential coverage, and maximize your chances of recovering the compensation you deserve.
What are the penalties for Georgia employers who don’t carry the required workers’ comp insurance?
In Georgia, employers who fail to carry the required workers’ compensation insurance face significant penalties. They are held directly responsible for covering compensable injuries, including medical expenses and lost wages, just as if they had an insurance policy in place.
Additionally, the Georgia State Board of Workers’ Compensation may impose further penalties, such as attorney’s fees, a 10% increase in compensation to the injured employee, and civil fines. Civil penalties include fines ranging from $500 to $5,000 per violation for failing to provide the required coverage and up to $10,000 for knowingly making false or misleading statements to deny or obtain benefits.
Employers who willfully neglect to secure insurance may also face criminal charges, punishable by fines between $1,000 and $10,000, imprisonment of up to 12 months, or both.
Not sure if you’re eligible for workers’ comp after an injury in Georgia? We can help!
Despite efforts by some employers or insurers to complicate the workers’ comp process or deny workers their rightful benefits, Georgia’s workers’ compensation laws are clear: If you’re hurt on the job and you don’t fall into one of the exempted categories, you have a right to benefits.
Navigating the claims process can be challenging, especially when facing tactics designed to limit or reject your compensation. That’s why having an experienced attorney by your side is essential to protecting your rights and securing the benefits you deserve.
At Gerber & Holder, our knowledgeable Atlanta work injury lawyers bring over 75 years of combined experience to the table, successfully fighting for injured workers across Georgia. Whether you’re unsure about your eligibility, facing a denied claim, or dealing with misclassification as an independent contractor, we’re here to guide you every step of the way.
Contact Gerber & Holder Workers’ Compensation Attorneys today for a free consultation, and let us help you get the justice and compensation you’re owed.
References
Employer Information. (n.d.). State Board of Workers’ Compensation. https://sbwc.georgia.gov/employer-information
