Can You Get Sued for Not Having Workers’ Comp Insurance in Georgia?

If you don’t have the necessary insurance in Georgia, you might end up facing serious penalties from the State Board of Workers’ Compensation. But, will going uninsured make you vulnerable to possible employee lawsuits in Georgia?

In Georgia, employers will likely not face litigation for not having Workers’ Compensation coverage, but they can be held liable for an employee’s injuries by the State Board of Workers’ Compensation. In addition to financial liability for damages, employers can face other consequences. For example, the State Board of Workers’ Compensation levies fines for non-compliance with any of Georgia’s insurance laws. To avoid these consequences, companies should maintain comprehensive Workers’ Compensation coverage at all times in Georgia.

To learn more about your coverage requirements, call the Georgia workers’ compensation insurance brokers for general contractors at NPN Brokers now at (561) 990-3022.

Can I Be Sued for Not Providing Workers’ Comp Insurance in Georgia?

Georgia’s Workers’ Compensation insurance system is built so that filing a claim is the sole remedy for injured workers. Employees are typically unable to file a lawsuit against their employer for damages, even if their employer’s negligence caused their injuries or their employer does not have Workers’ Compensation in Georgia.

In most cases, filing a lawsuit against an employer is not an option for injured employees in Georgia. If you have Workers’ Compensation for your employees, as you will most likely be required to in Georgia, they can file a claim for benefits if injured on the job. When you get coverage from our Georgia Workers’ Compensation insurance brokers, you can’t be sued by an employee, nor will you have any financial liability for their injuries.

If you do not have a Workers’ Compensation policy, whether you are required to or not, you may not have to fear possible litigation either. Employees typically still have to go through the claims process with the Georgia State Board of Workers’ Compensation. While an employee may not be able to sue you for a lack of coverage, you might still be responsible for compensating them.

Georgia treats companies that do not have Workers’ Compensation the same as companies with coverage, meaning employers that don’t have insurance have to provide equitable benefits to injured workers. So, if you don’t purchase a Workers’ Compensation policy and an employee is injured on the job, your company will have to pay for their medical bills and a portion of their lost wages in Georgia. The State Board of Workers’ Compensation can also increase damages paid to injured workers by 10% when their employers don’t have insurance.

Can I Be Penalized for Not Adhering to Workers’ Comp Insurance Laws in Georgia?

In addition to being financially responsible for compensating an injured worker, employers that do not have Workers’ Compensation can be penalized by the State Board of Workers’ Compensation for failing to adhere to one of Georgia’s many insurance laws.

Not Providing Insurance Information to Employees

Employers are responsible for posting insurance information in an area that is accessible to employees in Georgia. Such information must include a list of physicians approved by the employer’s Workers’ Compensation carrier and the Georgia State Board of Workers’ Compensation Bill of Rights for injured employees. Failure to do this because of a lack of insurance could result in employers incurring a financial penalty of up to $1,000 per violation.

Not Having Insurance

All employers with three or more employees must have Workers’ Compensation in Georgia. If the State Board of Workers’ Compensation is made aware of your failure to provide employees with coverage, it may impose a fine of anywhere between $500 and $5,000. A fine will be imposed per violation. If employers continue to remain uninsured despite warnings in Georgia, they can be fined up to $10,000 and even face up to 12 months in jail.

Not Filing the Proper Forms

Georgia’s State Board of Workers’ Compensation oversees and enforces Workers’ Compensation laws. It requires employers to inform it of their Workers’ Compensation policies and carrier information. If you do not file the necessary information with the State Board of Workers’ Compensation, including your proof of insurance, you might be given a fine of up to $1,000 per violation.

Interfering with a Claim

In Georgia, interference with an injured employee’s Workers’ Compensation claim is taken very seriously. Employers that attempt to interfere in the claims process because they do not have insurance can be given a financial penalty of up to $10,000. A similar fine applies to workers that make fraudulent claims in Georgia.

How to Avoid Penalties for Not Having Workers’ Comp Insurance in Georgia

The best way to avoid penalties for not having Workers’ Compensation coverage in Georgia is to get insurance that protects your employees and your business in the event of a workplace accident.

Though finding coverage can be challenging, our brokers have experience sourcing affordable quotes and comprehensive policies for a wide range of businesses. Companies in high-risk industries tend to see workplace accidents more frequently, meaning the financial implications of forgoing coverage can be even more serious, considering the fact that employers must provide benefits to injured workers if they do not have insurance.

If you receive notice that your current policy will soon be dropped, delaying getting a new plan can cause you to face penalties from the Georgia State Board of Workers’ Compensation. Carriers typically give companies notice of a policy cancellation, giving our brokers time to find a new policy that allows you to avoid unnecessary penalties for non-compliance. If you are mandated to have Workers’ Compensation in Georgia, any time you are uncovered means that you are incurring a risk of possible consequences.

Get Workers’ Comp Insurance in Georgia Today

Call the Georgia Workers’ Compensation insurance brokers at NPN Brokers at (561) 990-3022 to get a policy quote within a day.