Workers’ Comp Insurer Sues Virginia Governor
One of those mean old insurance companies are suing Virginia Governor Jim Justice and Justice Family Group, LLC for failure to pay $166,000 in workers’ compensation deductibles. According to a recent article, the two parties are nearing a settlement. The insurer claimed that the Virginia Governor refused to pay two years’ worth of deductibles owed under the terms of the policy. Both policies had $1 million deductibles. The Governor put his children in charge of the business in 2017 when he assumed the governorship of Virginia. Another of the Governor’s companies narrowly missed a lapse in workers’ compensation coverage.
What happens if your employer is not covered?
Well, your employer is breaking the law. All businesses with more than 3 employees are required to carry workers’ compensation coverage. However, employers don’t always do what’s legal and right and will occasionally tell their employees that they don’t have coverage. Sometimes, they’re telling the truth. In that case, they’re breaking the law. Sometimes, however, they aren’t telling the truth or the policy is carried in the name of a different company.
Georgia allows injured workers to go up the chain of coverage to get benefits. As an example, let’s say your company is contracted to do work for another company. The contractor company has allowed their coverage to lapse. If one company hires another company that does not have workers’ comp coverage, then the employee may be able to go up the chain to the company that hired his company to receive benefits. That is the risk of doing business with a company that is not paying into the workers’ compensation system.
Lastly, if your company has no workers’ compensation coverage, and there’s no chain to go up, then you can file a lawsuit against your employer. Georgia will likely step in and fine the company for allowing their insurance to lapse and charge the company with fraud.
In other states, employers can choose whether or not they carry workers’ compensation coverage. Employers who don’t are subject to personal injury lawsuits filed by their employees. In Georgia, the law works differently. The company is only directly liable for monies that would have been paid out by an insurer. So employees are always barred from filing personal injury claims against employers. Nonetheless, the failure of your company to adhere to the law is not a barrier to receiving compensation. Unfortunately, however, it is a little bit harder.
Talk to a Decatur, GA Workers’ Comp Attorney
O’Connell Law files workers’ compensation claims on behalf of injured employees. Call our Decatur workers’ compensation lawyers today to schedule a free consultation and we can begin the process of securing your benefits.