Workers Compensation Claims/Uninsured Georgia Employers And The Problems They Cause For Claimants

There is an ever increasing problem for many Georgia workers who become injured and disabled as a result of work injuries. The problem is uninsured employers. We recently got a call about a new workers compensation claim from a worker who was seriously injured as a result of a fall. In fact, this worker had been in the trauma unit of a hospital for several months at the time of this call. He had multiple orthopedic injuries, including leg and arm fractures requiring many surgeries. The worst of his injuries is a serious spinal cord injury. This worker is now paralyzed from the waist down and is permanently and totally disabled. Unfortunately, his employer had no workers’ compensation insurance even though the State of Georgia requires an employer to have such coverage if they have three or more employees. Even though he sustained catastrophic injuries, he could not find a lawyer who would represent him because there was no insurance.
This is a growing problem in Georgia which needs to be remedied. There needs to be a change in Georgia law which gives an injured worker real recourse against an uninsured employer. As the law stands now, an employee can request a hearing before the State Board of Workers Compensation and seek an award of medical bills, weekly disability payments, attorneys’ fees and assessment of various civil penalties for the employer’s failure to have coverage. Even if an injured worker prevails and is awarded these benefits, the chances of collecting from an uninsured business or employer are slim to none.
Ironically the law provides if an employer has three or more employees they are subject to the Workers Compensation Act and must have insurance coverage. Unfortunately for the injured workers, the law also provides if they are subject to the Act, they cannot be sued and enjoy protection from civil liability under the exclusive remedy provisions of the Act.
It is time that the Georgia legislature remedy this problem by providing that if an employer is subject to the Workers Compensation Act and fails to have insurance coverage to protect an injured employee that he or she can sue the business and each owner, officer or director for their failure to comply with the law. This would begin to solve this very serious problem.