If you have been hurt on the job, you are entitled to workers’ compensation benefits without having to file a lawsuit against your employer.  However, employers and insurers do not always provide full benefits in a timely fashion and legal representation ensures that you receive all the benefits the law allows.

Below is a summary of the basic rules in Georgia workers’ compensation law.  This information is intended as a summary only and no legal representation is created. You should consult an attorney to answer specific questions about how the law applies to the facts of your case.

Reporting the Injury

If you are injured on the job, you should report the injury to a supervisor right away. The injury must be reported within thirty days of its occurrence. You should report all injuries even if you are uncertain whether you will need medical care.

Getting Medical Care

Medical care is covered at 100% with no co-pays, deductibles or other out of pocket costs.  A representative of your employer or the workers’ comp insurer should direct you to the employer’s posted panel of physicians and assist you in obtaining an appointment. You are required to choose a doctor from the panel.  If the employer does not have a properly posted panel of physicians, you are entitled to choose your own doctor.

Changing Doctors

You are entitled to one switch from a panel doctor to another panel doctor without approval of the employer or insurer. However, after you exercise your one-time switch, you must get agreement from the employer and insurer or approval from the State Board of Workers’ Compensation.

Mileage/Transportation

You are entitled to mileage at the rate of 40 cents per mile for all travel to medical appointments, including trips to the doctor, hospital, pharmacy and physical therapy. You should keep an accurate accounting of your mileage and submit it to the claims representative handling your case.  If you do not have transportation, the insurer should provide it for you.

Second Opinions and Independent Medical Examinations

The employer and insurer can send you for second opinions and independent medical examinations as they see fit provided they give you timely notice and advance mileage.  You are required to attend appointments that have been scheduled for you.  You are entitled to a one-time independent medical exam at the expense of the insurer. However, for this right to arise, you must have received a workers’ comp check and you must make the request for the examination within 120 days of your receiving a check.

Weekly Checks

If you are disabled from working for more than seven days as a result of your work injury, you are entitled to a weekly check equal to 2/3 of your average weekly earnings at the time of your injury.  This is known as a "temporary total" check. You do not get paid for the first seven days of disability unless you miss twenty-one days.

Your first check is due 21 days from the day you became disabled. After the first check, you are entitled to receive checks on a weekly basis. There is a 15% penalty for late checks. You are entitled to a check during the time your doctor keeps you on a no work status or returns you to work with restrictions and your employer is unable to provide work within the restrictions. The maximum time you can draw a temporary total check is 400 weeks from the injury date. There are no cost of living raises in workers’ compensation, so the amount of your check will not increase during the life of your claim.

Loss of earnings

If you return to work after an injury but you are earning less than before the injury as result of restrictions from the injury, you are entitled to a “temporary partial” check.  This check is equal to 2/3 of the difference between your average weekly earnings prior to the injury and your earnings after the injury. The amount of this check can vary because your earnings may vary from week to week. The maximum time you can draw a temporary partial check is 350 weeks from the injury date.

Catastrophic claims

The 400 week cap on temporary total benefits does not apply to claims that are deemed catastrophic. Catastrophic designation is given in cases of severe injury such as paralysis, blindness and other injuries that prevent a worker from doing his past work or any other work available in substantial numbers in the economy.  If your claim is deemed catastrophic, a rehabilitation supplier will be appointed to your claim.  She will assist you and your doctor in coordinating appointments and arrange any special care that you need.

Permanent Impairment

When you have completed your treatment, your doctor should determine whether you have any permanent impairment as a result of your work injury.  If your doctor assigns a permanent impairment rating, you are entitled to be paid for the rating according to a formula set forth in the workers’ compensation code. The code assigns a certain number of weeks for each body part. The formula multiplies the number of weeks for the body part injured times the rating (expressed as a percentage) assigned by the doctor times the amount of the worker’s temporary total check.  For example, a worker who sustained an arm injury, received a 10% rating and had a comp rate of $335.oo would be owed  $7,537.50 ( 225 weeks x 10% = 22.5 weeks x $335).

If you are still receiving a temporary total or a temporary partial check, you are not entitled to receive your PPD rating.  You can be paid only one type of benefit at time.

Death Benefits

If a worker dies from a work related accident, his dependents can be paid the amount of his temporary total check. If there is more than one dependent, they share the check. The code also provides for payment of certain funeral expenses for a work-related death.

Getting Fired While Out on Comp

Unfortunately, Georgia law does not require your employer to hold your job for you while you are recovering from a work related injury. However, your employer does not escape payment of workers’ compensation benefits merely by firing you.  It is possible that your job could be protected under a federal law such as the Family Medical Leave Act or the Americans with Disabilities Act. You should speak with the Human Resources director at your company if you believe one of these laws might apply to your situation.

Settlement of Claims

Settlement is not required by law.  You do not have to settle your claim and the employer and insurer do not have to settle your claim. However, as a practical matter, many workers’ compensation claims do settle.  A typical settlement involves payment of a lump sum of money, a close out of medical care and a resignation by the injured worker.  All claims are different and it is advisable to consult a workers’ compensation attorney prior to settling your claim.

Helpful websites:

State Board of Workers' Compensation: www.sbwc.georgia.gov

Social Security Administration:

www.ssa.gov

 How do I pay my attorney?

Georgia law regulates how workers' comp attorneys  are paid. When you hire an attorney, you will sign a contract that provides that the attorney will receive 25% of any settlement and/or 25% of any income benefits that you receive as a result of the attorney's work for you. You cannot be charged more than 25% of your settlement or benefits. On some occasions, the attorney is also paid an assessed fee by the insurer. This fee is not deducted from the claimant's benefits but is paid in addition to those benefits. Assessed fees are sometimes ordered by a judge and sometimes the insurer agrees to pay assessed fees without going to court.

Call for a free consultation today!

Phone: (770) 518-9696

Toll free: (888) 763-3357

email: nancyglenn@gacomp.com

Common Types of Work Injuries:

• Back and neck injuries, such as herniated discs
• repetitive use injuries such as tendonitis and carpal tunnel syndrome
• crush injuries
• rotator cuff tear and other shoulder injuries
• torn meniscus
• broken bones
• chemical burns