Georgia workers’ compensation law can be complex and frustrating for injured workers. For many injured workers, it seems as though the workers’ compensation insurance company is actively working to defeat your ability to get the medical care and compensation that you are entitled to. Hire an experienced Workers’ Compensation lawyer that can guide you through the process and get you the compensation you’re entitled to.

As a general rule, more information is better than less, and speaking with a workers’ compensation lawyer sooner – rather than later – can make a tremendous difference in your family’s lives. With no obligation or costs, a workers’ compensation lawyer in our office will be able to help you understand your options and the pitfalls of Georgia workers’ comp law that you must be careful to avoid. Remember: your injury must be reported to your employer within 30 days after the incident.

Free Consultation With A Workers’ Compensation Attorney

If you have never hired attorney, it can be stressful. We believe that providing you with information and understanding about the workers’ compensation system relieves some of that stress. We begin each of our cases with a free consultation and case evaluation. This is basically an exploratory call or meeting where we are trying to collect information about the workers’ comp claim, how it occurred, the employer’s policies, and other critical first steps.

Most of our clients do not want to be involved in a contentious case involving their employers, and most of our clients want to maintain their jobs. It is only when they cannot get answers or when they are being treated unfairly by employers or workers’ compensation insurers that they seek the advice from a workers’ compensation lawyer. If you are seeking more information about your rights and a potential workers’ comp claim, call Sessions & Fleischman today for a free consultation.

What workers’ compensation benefits are available in Georgia?

The types of benefits available typically include:

• Medical Benefits. One of the tremendous benefits of the workers’ compensation system in Georgia is that if you suffer a covered injury, you will not incur medical expenses. All of your medical expenses incurred as a result of the work-related injury or illness will be paid. These typically include doctor visits, hospital stays, surgeries, prescription medications, and other necessary medical services. Obviously, insurers attempt to fight over whether an injury is medically necessary and whether it arose out of the employment.
• Income Benefits/Wage Payments. Following an on-the-job injury, most workers are immediately concerned (rightfully) with how they will pay their bills when they are out of work.

1. Temporary Total Disability (TTD): Provides wage replacement benefits if the injured worker is temporarily unable to work.
2. Temporary Partial Disability (TPD): Offers partial wage replacement if the injured worker can perform light-duty work or work fewer hours temporarily.
3. Permanent Partial Disability (PPD): Compensates for a permanent impairment or loss of function, but the injured worker is still able to work in some capacity.
4. Permanent Total Disability (PTD): Provides ongoing wage replacement if the injury or illness prevents the worker from returning to any gainful employment.
5. Death Benefits: If a work-related injury or illness leads to the death of an employee, surviving dependents may be eligible for death benefits, including compensation for funeral expenses and weekly benefits for dependents.

• Vocational Rehabilitation: In some cases, injured workers may receive vocational rehabilitation services to help them return to suitable employment.
• Mileage Reimbursement: Workers’ compensation may cover the cost of travel to and from medical appointments.

What are you rights under Georgia workers’ compensation system?

1. If you are injured on the job, you may receive medical, rehabilitation and income benefits. These benefits are provided to help you return to work. Your dependents may also receive benefits if you die as a result of a job-related injury. Our job is to help injured workers receive the maximum compensation benefits that they are entitled to under the Georgia Workers’ Compensation system. If you have a work-related injury, you are entitled to have the assistance of a lawyer that you choose to help you with your workers’ compensation claim.
2.  Your employer is required to post a list of at least six doctors (this is the panel of physicians) or the name of the certified WC/MCO (Managed Care Organization) which provides medical care. You may choose a doctor from the list and make one change to another doctor on the list without the permission of your employer. However, in an emergency, you may get temporary medical care from any doctor until the emergency is over; then you must get treatment from a doctor on the posted list.
3. Your authorized doctor bills, hospital bills, rehabilitation in some cases, physical therapy, prescriptions and necessary travel expenses will be paid if injury was caused by an accident on
   the job.
4. An injured employee is entitled to weekly income benefits if they have more than seven days of lost time due to an injury. Your first check should be mailed to you within 21 days after the first day you missed work. If you are out more than 21 consecutive days due to your injury, you will be paid for the first week. You’ll typically receive disability benefits and payments from your employer’s workers’ compensation insurance carrier.
5. In all other cases (non-catastrophic), you are entitled to receive two-thirds of your average weekly wage, but not more than the maximum allowed under the law for a job-related injury. You will receive these weekly benefits as long as you are totally disabled, but no longer than 400 weeks.
6. If you are not working and it is determined that you have been capable of performing work with restrictions for 52 consecutive weeks or 78 aggregate weeks, your weekly income benefits will be
   reduced to two-thirds of your average weekly wage, but no more than the maximum allowed under the law, not to exceed 350 weeks.
7. When you are able to return to work but can only get a lower paying job as a result of your injury, you are entitled to a weekly benefit of not more than the maximum allowed under the law for no longer than 350 weeks.
8. Your dependent(s), in the event you die as a result of an on-the-job accident, will receive burial expenses up to the maximum allowed under the law and two-thirds of your average weekly wage,
   but not more than the maximum allowed under the law. These benefits are referred to as death benefits. A widowed spouse with no children will be paid a maximum allowed by law at the time of injury. Benefits continue until he/she remarries or openly cohabits with a person of the opposite sex.
9. If you do not receive benefits when due, the insurance carrier/employer must pay a penalty which will be added to your payments.

What are the most common on-the-job injuries in Georgia?

Workplace injuries are injuries that occur while an employee is on the job or performing work-related activities. The most common workplace injuries vary by industry, but some common types of injuries include:

1. Slip, trip, and fall accidents: These accidents can result in injuries such as sprains, fractures, and head injuries.
2. Repetitive motion injuries: Repetitive tasks or activities can lead to musculoskeletal disorders, such as carpal tunnel syndrome or tendonitis.
3. Overexertion injuries: Lifting, pushing, pulling, or carrying heavy objects can cause injuries to the back, shoulders, and other parts of the body.
4. Machinery-related injuries: Working with or around machinery can result in injuries such as cuts, bruises, fractures, and amputations.
5. Vehicle accidents: Workers who operate vehicles or work near roads and highways may be at risk of injuries caused by collisions or other types of accidents. Car accidents with third parties also provide us with the opportunity to obtain a personal injury settlement on your behalf.
6. Falls from heights: Workers who work at heights, such as construction workers or roofers, may be at risk of falls and the resulting injuries, such as fractures, head injuries, and spinal cord injuries.

It’s important to note that these are just a few examples of common workplace injuries, and the specific types of injuries that may occur will depend on the nature of the work being performed. Employers have a legal duty to provide a safe workplace and to protect employees from preventable injuries. If you have been injured on the job, you may be entitled to workers’ compensation benefits to cover your medical expenses and lost wages. An attorney can help you understand your rights and options.

What rules must be followed after an on-the-job injury?

1. You should follow written rules of safety and other reasonable policies and procedures of the employer. That being said, if you negligently failed to follow a rule and caused your own injury, you should still be eligible for workers’ compensation benefits in Georgia. Your negligence should not limit your ability to obtain workers’ compensation benefits. If your employer has specific protocols related to the workers’ compensation claims process, it is important that those are followed.
2. You must report any work-related accident immediately – but not later than 30 days after the accident.
3. Who do I report my on-the-job injury to in order to properly begin a workers’ compensation claim? You must report the incident causing your injury to your employer (or business owners), your employer’s representative, your foreman, OR immediate supervisor. If you do not report it to one of those parties or entities, you may lose your ability recover for your work-related injury.
4. Am I required to follow the treatment plan ordered by the State Board of Workers’ Compensation? If you do not follow reasonable medical treatment and rehabilitation services ordered by the State State Board of Workers’ Compensation or the Workers’ Comp Board may suspend your benefits.
5. No compensation shall be allowed for an injury or death due to the employee’s willful misconduct – this does not include willful misconduct of others including co-workers.
6.  You must notify the insurance carrier/employer of your address when you move to a new location. You should notify the insurance carrier/employer when you are able to return to full-time or part-time work and report the amount of your weekly earnings because you may be entitled to some income benefits even though you have returned to work.
7. A dependent spouse of a deceased employee shall notify the insurance carrier/employer upon change of address or remarriage.
8. You must attempt a job approved by the authorized treating physician even if the pay is lower than the job you had when you were injured. If you do not attempt the job, your benefits may be suspended.
9.  If you believe you are entitled to income benefits and your insurance carrier/employer denies these benefits, you must file a claim within one year after the date of last authorized medical treatment or within two years of your last payment of weekly benefits or you will lose your right to these benefits.
10. Timeliness of request/demand for death benefits under workers’ compensation law. If your dependent(s) do not receive allowable benefit payments, the dependent(s) must file a claim with the Georgia State Board of Workers’ Compensation within one year after your death or lose the right to these benefits.
11. 10. Mileage reimbursement under Georgia Workers’ Compensation law. Any request for reimbursement to you for mileage or other expenses related to medical care must be submitted to the insurance carrier/employer within one year of the date the expense was incurred.
12. False statements in Georgia workers’ compensation cases. Do not make any false statements in the effort to try to obtain workers’ compensation benefits. This crime is a misdemeanor punishable $10,000 and/or imprisonment up to 12 months. Also, any false statements or false evidence given under oath during the course of any administrative or appellate division hearing is perjury.