Burdine & Brown
Entry-Workers Compensation Benefits Employer
“How much wood could a woodchuck chuck, if a woodchuck could chuck wood?” Said another way, how many employers must an employer have before they have to have workers' compensation insurance coverage for their business?
The 2016 case of Wills v. Clay County, 338, Georgia Appeals 79, establishes that if your employer has three (3) or more employees that are working on a regular basis for the company, then your employer must purchase workers' compensation insurance for those workers.
The argument that many employers try to use is that everyone is a sub-contractor and no one is an employee. This position has been shut down by the State Board of Workers' Compensation judges most of the time.
Do not let your employer convince you to use your own group insurance to obtain medical treatment for an injury that clearly occurred on the job.
I must say that many attorneys do not easily accept these cases to help the workers because now your attorney must sue the employer directly since no insurance is available to pay for your treatment. We tend to say that if the employer could not “afford workers' compensation insurance” he/she probably has no assets anyway.