If your employer doesn’t carry workers’ compensation insurance, they can be held both civilly and criminally liable.
The State Board of Workers’ Compensation may fine the non-compliant employer $100 to $1,000 per violation and assess civil penalties, as well as a 10 percent increase in compensation for the injured employee. If the employer lied about having workers’ compensation or made false statements in order to mislead an injured employee about the benefits available to them, they can also be fined $1,000 to $10,000 per violation. In addition, employers can be fined $500 to $5,000 (per violation) for intentionally failing to offer coverage to employees as directed by the Workers’ Compensation Act.
Not only do employers who fail to provide workers’ compensation coverage face civil penalties, but they can also be criminally prosecuted. Failing to provide workers’ compensation when directed by law is a misdemeanor offense in Georgia, punishable by up to a $10,000 fine and 1-year prison sentence.
Just because your employer didn’t provide workers’ compensation coverage like they were supposed to doesn’t mean that you’re necessarily stuck paying the bills without an income. In such cases, you might be able to sue your employer to recover from the cost of your workplace injury or illness — including medical expenses and lost wages. In addition, you may be able to sue for emotional distress such as pain and suffering due to your job-related accident. Lastly, you might be able to get punitive damages from their employer to punish them for willfully endangering their employees by not providing workers’ compensation coverage.
Also, if you’d like to learn more about your legal options when it comes to suing your employer, consult our top-rated Georgia workers’ compensation attorneys immediately. Suing your employer in court is a much more complex and lengthy process compared to normal workers’ compensation claims. We can help you calculate the total costs and determine what’s the best move for you and your family.