February 21, 2023
Workers' compensation is a system designed to provide financial and medical benefits to employees who are injured or become ill as a result of their job. If you are an employee in the state of Georgia, it is important to understand the workers' compensation process and your rights as an injured worker. Here are the top 10 things you need to know about workers' compensation in Georgia. Coverage: In Georgia, most employers are required to carry workers' compensation insurance, which provides benefits to employees who are injured or become ill on the job. If your employer has less than 3 employees, they may not be required to have insurance. However, if your employer has at least 3 employees and fails to have insurance, they could be ordered to pay additional fees and penalties. Eligibility: To be eligible for workers' compensation benefits in Georgia, you must have been injured or become ill as a result of your job. Your injury or illness must be work-related. Even if you have a pre-existing condition that was aggravated or worsened because of your job, you may still be entitled to benefits. If you believe that a prior injury or condition was worsened by your job, be sure to inform your attorney to ensure your rights are protected and you receive any benefits to which you are entitled under the law. Benefits: If you are eligible for workers' compensation benefits in Georgia, your employer may be required to pay for your medical expenses, a percentage of your lost wages, and travel expenses for any medical appointments or visits to the pharmacy. Reporting: It is important to report your injury or illness to your employer as soon as possible. In Georgia, you have 30 days from the date of your injury to report it to your employer. Failure to do so may result in a loss of benefits. Medical Treatment: If you are injured on the job, your employer is required to provide you with medical treatment related to your injury. Your employer is required to provide with a list of at least 6 doctors. This list is called a Panel of Physicians. You are allowed to choose a doctor from the list. Although your employer is allowed to guide you or make suggestions, they are not allowed to force you to agree with their choice. If your employer provides a list of doctors, and you decide to seek treatment on your own (with your own doctor, who is not on the list), your employer may not be required to pay for your medical treatment. Additionally, under certain circumstances, you could waive your right to future medical and income benefits under workers’ compensation. Independent Medical Exams: In some cases, your employer or their insurance company may request that you undergo an independent medical exam. If this is requested, you are required to attend. If you fail to attend, it could result in unnecessary delay in proceeding with your claim. Additionally, if you have previously received workers’ compensation income benefits, you may also be entitled to request an independent medical examination with a doctor of your choice. However, keep in mind that the insurance company is only required to pay for this examination one time throughout the entirety of your claim. It is best to retain an attorney prior to making this decision. Temporary Disability Benefits: If you are unable to work as a result of your injury or illness, you may be eligible for temporary disability benefits. These benefits provide you with a percentage of your lost wages while you are unable to work. Settlement: At some point following your injury, you or the insurance company may want to discuss settlement of your case. It is important to note that settlement is voluntary and cannot be compelled by either party. This means that if you want to settle your claim, but the insurance company does not, then there is nothing under the law that can force them to settle your claim. The opposite is also true, if you are not ready to settle your claim, then the insurance company cannot force you to do so. It is important to speak with an attorney prior to moving forward with settlement. At Richardson Law, prior to settlement, we will conduct a settlement conference with you to discuss how workers’ compensation claims are valued. Light Duty: If your doctor informs you that you can return to work with restrictions, this means that you may be capable of performing some type of light duty work. Your employer may offer you a light duty job. Depending on whether you have been out of work and receiving income benefits, your rights and the employer’s responsibilities are different. It is important to speak with an attorney if you have any questions regarding a light duty job offered by your employer. Appeal: If your claim for workers' compensation benefits is denied, you have the right to appeal the decision. The appeal process in Georgia begins with a request for a hearing before an administrative law judge. It is important to keep in mind that there are time limitations to all legal matters. You should speak with an attorney as soon as possible to determine your right to workers’ compensation benefits. Workers' compensation is a critical safety net for employees who are injured or become ill as a result of their job. If you are an employee in the state of Georgia, it is important to understand your rights and the benefits available to you. If you have questions about your workers' compensation claim, or if you need assistance with the workers' compensation process, contact Richardson Law at (404) 689-6502.