My employer does not have workers compensation insurance can I sue my employer for work related injuries

Asked over 5 years ago - Rome, GA

I have a work related injury and I was laid off this week. My employer does not have worker's comp insurance. Can I still sue? My injury is serious and I may never fully recover. Also I worked there for 13 years and was never paid time and a half.

Attorney answers (3)

  1. Kenneth L. Shigley

    Pro

    Contributor Level 13

    Answered . You could sue the employer for the amount that workers comp should have paid, and possibly for wage and hour violations. I suggest that you see a lawyer who handles workers compensation cases in your hometown (apparently Rome) as soon as possible.




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  2. Howard E. Spiva

    Contributor Level 12

    Answered . IN GEORGIA, AN EMPLOYEE AND THEIR SPOUSE CAN NOT SUE THEIR EMPLOYER FOR AN ON THE JOB INJURY. WORKER'S COMPENSATION INSURANCE IS USUALLY THE EXCLUSIVE REMEDY!

    Here is the law, the Rules, and Your Rights ...

    FREQUENTLY ASKED QUESTIONS ABOUT INJURIES ON THE JOB:

    http://savannahnow.com/node/587711

    In the future,if you need an attorney, please feel free to call or email me.
    http://www.georgiaworkcomplaw.com/index.htm

    Make it a great day!
    Howard Spiva
    Howard@spivalaw.com (email)
    www.Spivalaw.com (web page)
    (912) 920-2000

  3. Paul J. Morgan

    Pro

    Contributor Level 9

    Answered . Your question is best answered by contacting a workers compensation attorney in your State. It souns like you may have a FLSA wage and hour case too. As has already been indicated, there are strict time limits on both of these claims so contact someone soon.

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