Georgia Workers Compensation Act Needs Amending To Help Injured Workers

Uninsured Employers is a growing problem for injured workers in Georgia. In our practice we have seen a growing number of employees who have been seriously injured only to discover that their employers have no workers’ compensation insurance coverage. Many of those employers have no real assets and they are therefore “judgment proof.”
I recently read that on November 9, 2006, the Governor of Pennsylvania signed into law a significant change in the Pennsylvania Workers Compensation Act. Like Georgia, the Pennsylvania Workers’ Compensation Act covers all injuries to employees at work. It is a no-fault system, with the injured employee only having to prove that he was injured while working in the scope of his employment and is disabled. In Georgia, all employers who have three (3) or more employees are required to carry workers’ compensation insurance. However, some do not in violation of the Georgia Workers’ Compensation Act. Many injured employees who work for small business can never collect if the employer did not carry workers’ compensation insurance.
Under the new Pennsylvania law, a fund was created for an injured worker to collect, even if the employer had no insurance. This fund, called the “Guaranty Fund”, was created so that employees that have worked for irresponsible, uninsured employers, now have a remedy. This is a huge benefit for such injured workers and the Georgia’s Workers’ Compensation Act needs to be amended in a similar manner to provide a safety net for Georgia’s injured workers.