Georgia Workers' Comp Law
Georgia workers' compensation lawyers explaining the law
Workers' comp in GA protects employees—but not independent contractors—from injuries on the job. Georgia worker comp law requires an employer who has three or more employees to either purchase workers compensation insurance or be qualified by the State Board of Workers' Compensation as a self-insurer. Employees are covered for injuries that develop over time, as well as those that are caused by a specific accident.
Atlanta workers' comp attorneys understand that workers' compensation is a no-fault system. It covers most injuries, regardless of who caused them.
Timing is crucial in workers' compensation claims
GA workers' comp law places time limits on how long the injured worker can wait to pursue a claim. Depending on the circumstances, these time limits can be complex. As a general rule, however, the following applies:
- The employer must be notified of an on-the-job injury within thirty days
- A claim must be filed with the State Board of Workers' Compensation within
- One year of the date of the accident
- One year of the last provision of medical benefits
- Two years of the last payment of income benefits
- A claim for permanent partial disability must be made within four years of the last payment of income benefits
- A change of condition claim must be filed at the State Board of Workers' Compensation within two years of the last payment of income benefits
These time limits can differ according to the situation. Thus, care should be exercised when pursuing a workers' compensation claim in Georgia.
Types of workers' comp benefits in Georgia
Georgia workers' comp law provides for four main types of benefits:
- Temporary Total Disability (TTD) benefits provide weekly payments to injured workers who are disabled. Benefits are paid at the rate of two-thirds of the average weekly wage of the employee (prior to the injury), up to a maximum rate, which varies according to the date of the accident.
- Temporary Partial Disability (TPD) benefits provide weekly payments to injured workers who return to work after an injury, but receive less gross pay per week because of the harm received on the job. Benefits are paid at the rate of two-thirds of the difference between the average weekly wage of the employee (prior to the injury) and the gross pay each week after returning to work.
- Permanent Partial Disability (PPD) benefits provide pay for permanent damage resulting from an injury on the job. Pay is usually for a specified number of weeks at the same weekly rate as temporary total disability benefits, but it can sometimes be made in a lump sum. The amount of pay is based upon a rating assigned by the authorized treating physician. This rating is labeled as a percentage, and it is applied using guidelines from the American Medical Association and the Official Code of Georgia.
- Medical benefits are paid to doctors, hospitals, and other medical providers. There are no co-pays or deductibles for the injured worker to pay. However, there are complicated rules regulating which medical providers the injured worker is permitted to go to for treatment and how additional referrals can be made. The injured worker may be able to receive reimbursement for prescriptions and medical care transportation expenses. The worker must request payment or reimbursement of medical expenses within one year.
Let a GA workers' comp lawyer fight for you
Cases dealing with workers' comp in GA are often too complicated to be adequately explained in an overview such as this. Therefore, the information contained herein should not be considered as legal advice. It is always best to consult with an experienced worker comp lawyer in Atlanta, GA. My legal practice is dedicated to fighting on behalf of injured workers. If you were injured on the job, contact us today for assistance, and speak to a Georgia workers' compensation attorney. We look forward to discussing your case and helping you obtain the compensation that you deserve.
