Workers' Compensation

What am I entitled to receive if I am hurt on the job?

You may be entitled to income or lost wage benefits, medical benefits, and vocational rehabilitation benefits depending on the nature of your injury and disability. Additionally, if someone other than your employer or co-employee was at fault, such as the manufacturer of a defective machine, you may also be entitled to pursue a personal injury claim for money damages against that third party.


Who pays for these workers? compensation benefits?

Almost all employers are required by law to have workers? compensation insurance. Your employer?s insurance company must provide these benefits to you if you are entitled to them under the law.


What if the accident was my fault?

Workers? compensation law is unique because, unlike other areas of personal injury law, it usually does not matter if the accident happened because you were negligent or not being careful?you may still be entitled to workers? compensation benefits.


How much compensation am I entitled to receive if I cannot work at all due to my on-the-job injury?

If you cannot do any work because of your injury, you may be entitled to weekly payments. These are called temporary total disability benefits. You will not be paid these benefits for the first seven days you miss from work unless you miss more than 21 days from work in a row. If your injury results in any permanent disability, you may be entitled to additional benefits, even after returning to work.


Can I receive lost wage benefits if I return to work but earn less than I did before I was hurt?

If you go back to work for the same or another employer but your income is lower because of your injury, you may be entitled to weekly payments. These are called temporary partial disability benefits.


What should I do to make sure that I receive all of my workers' compensation benefits?

You or your attorney should do the following:
1) Tell your employer no more than 30 days of the date of the injury that you were hurt on the job. This notice should be given as soon as possible after the accident. It is best to tell your foreman, supervisor, boss, or similar person (a) that you were hurt on the job; (b) how and when the accident happened; (c) what part of your body was hurt.
2) File a claim with the Georgia State Board of Workers? Compensation within one year of the accident. The Georgia State Board of Workers' Compensation is a state-operated agency which oversees the handling of workers? compensation claims in Georgia and protects the rights of injured employees to workers' compensation benefits. In some cases, the claim can be filed more than one year after the accident.


Is there any limit to the type of treatment I can receive?

As long as the health care professional is authorized as described below, you are entitled to any necessary treatment, provided the treatment is reasonably required and appears likely to provide relief or a cure for your injuries from your on-the-job accident. This included medical treatment and surgery; the cost of diagnostic tests, such as x-rays, CT scans and myelograms; chiropractic treatment; psychological treatment; nursing care; prescription medicine; physical therapy; and artificial limbs and devices. Your employer's insurance company must also pay your mileage to and from all authorized doctors at a rate determined by the State Legislature, plus certain other expenses.


Will Workers? Compensation pay all of my medical bills?

The most important thing to keep in mind regarding getting your medical bills paid is that you make sure you receive treatment only from an authorized doctor. The law requires all employers to display a "panel of physicians? on its premises where it can be easily seen and read by its employees. Your employer must take steps to make sure you understand the function of the panel of physicians, and your employer must assist you in selecting and contacting the doctor of your choice from the panel for treatment when you are injured.


Is it wise for me to try to settle my own claim?

Often an insurance adjuster may contact you after your accident and encourage you to settle the claim without contacting an attorney. The reason for this is that the insurance adjusters have learned through experience that they will often pay substantially less money to people not represented by attorneys than they will if an experienced attorney is representing the injured person. The workers? compensation system can be difficult and complex. Many insurance companies will be quick to take advantage of the person who acts as his own attorney.