Frequently Asked Questions on Workers' Compensation Law in Georgia
- I just started a new job. Am I covered under workers' compensation?
- When should I report my accident?
- I went to the doctor but I would like a second opinion before deciding on treatment. Is that permitted?
- My medical bills are extensive. Am I responsible for those bills if my employer or insurer does not pay all of them?
- Does workers comp cover all workplace injuries?
- When can I receive compensation for lost wages?
- What if I am injured during my commute?
- Can I sue for my workplace injury?
- How long do workers' comp benefits last?
- Does workers' comp protect my family if I end up as a casualty?
Let me fight for you
My legal practice is dedicated to fighting on behalf of injured workers in Georgia. If you have been injured on the job, contact us today for assistance, either by phone at 404-378-8227 or online. We look forward in discussing your case with you.
I just started a new job. Am I covered under workers compensation?
Yes, you are covered by your employer's policy beginning with your first day on the job.
When should I report my accident?
Immediately. If you have been involved in an on-the-job accident, you should report it to your employer as soon as possible. Waiting longer than 30 days could result in loss of benefits.
I went to the doctor but I would like a second opinion before deciding on treatment. Is that permitted?
Very possibly. According to GA workers' comp law, you may seek a second opinion from the doctor of your choice within 120 days of receiving income benefits. There are specific rules regulating how this is done.
My medical bills are extensive. Am I responsible for those bills if my employer or insurer does not pay all of them?
Depending on your specific case, you may or may not be responsible for medical bills your employer or insurer does not cover. When a medical provider accepts a workers' compensation claim in GA, it usually accepts the payment of bills according to the fee schedule. Any charges above and beyond the limit may be written off by the provider.
Does workers' compensation cover all workplace injuries?
Workers' comp covers most workplace injuries regardless of fault, so long as the injury is job related and the injured person is an employee. Injuries that occur during lunch breaks or while horsing around on the job may not be covered. Additionally, an employee who suffers an injury due to being under the influence of alcohol or illegal drugs may not receive protection.
When can I receive compensation for lost wages?
An injured worker can receive compensation for any missed days in excess of seven. Additionally, a worker who misses over 21 consecutive days of work can receive compensation for all time missed, including the first seven days. In other words, if you miss work for eight days, you can receive compensation for one day but if you miss work for 22 days you can receive compensation for all 22 days.
What if I am injured during my commute?
Workers' compensation usually does not cover injuries sustained while commuting to the workplace from home. Employees who travel as part of their job duties may, however, receive workers' compensation for injuries outside of the workplace under some circumstances.
Can I sue for my workplace injury?
Under most circumstances, you cannot sue your employer for a workplace injury, even if the employer was at fault. Workers compensation is the exclusive remedy for workers injured on the job. A civil suit may be possible in some situations where a third party other than the employer or another employee was at fault for the accident, but this is a rarity. Additionally, your employer may be entitled to claim a portion of the proceeds of a third party suit as compensation for benefits paid.
How long do workers' compensation benefits last?
For catastrophic injuries resulting in total disability, an injured worker can receive workers comp lost wage benefits indefinitely. For non-catastrophic injuries resulting in total disability, an injured worker can receive benefits for up to 400 weeks. Workers who return to work at a lower pay rate due to their injuries can collect partial benefits for up to 350 weeks.
Does workers' compensation protect my family if I end up as a casualty?
Yes. Workers' comp pays burial expenses for workers who die on the job. More importantly, workers' comp pays two thirds of your average weekly salary, up to the legal maximum, to your spouse until he or she remarries, cohabitates, reaches age 65 or 400 weeks have passed. It may also pay benefits to other dependants.
Let me fight for you
As an Atlanta workers' compensation attorney, I dedicate my legal practice to fighting on behalf of injured workers in Georgia. If you are injured on the job, contact us today for assistance, either by phone at 404-378-8227 or online. We look forward to discussing your case with you.
