If you suffered a job injury in Georgia, you could be entitled to workers’ compensation benefits to pay for necessary medical care and offset a portion of your lost income. However, there are several important steps you and your employer must take before you can claim those benefits.
Georgia law requires employers to respond promptly when a worker notifies them of an injury. Any reporting delay slows the claim process, leaving injured workers without the financial support they are legally entitled to. If your employer failed to handle your workers’ compensation claim appropriately, you have the right to hold them accountable. Discussing your case with an experienced attorney can help determine your next steps.
The Law Offices of William F. Underwood, III, P.C. is a trusted workers’ compensation law firm serving clients in Albany, GA, and the surrounding communities. If you need help navigating a workers’ comp dispute with your employer or its insurance company, our legal team can discuss your options in a free consultation. Call or contact us today to speak with a skilled workers’ comp attorney.
Employer Duties and Responsibilities After a Workplace Injury
The Georgia State Board of Workers’ Compensation (SBWC) oversees the workers’ compensation program. The Workers’ Compensation Act outlines how the law applies to employers. Here’s what employers must do following a workplace injury:
- Address the injury and notify OSHA – If an employee needs emergency medical attention, employers should call 911 immediately to transport the worker to the hospital. If an employee is killed on the job, suffers a work-related hospitalization, amputation, or loss of an eye, employers must notify the Occupational Safety and Health Administration (OSHA) of the accident and injury.
- Report the injury to the workers’ comp carrier – Employers that carry workers’ compensation insurance must immediately report the injury to their insurer by filing an Employer’s First Report of Injury or Occupational Disease (Form WC-1). If a worker misses seven days of work or more, employers must report it to the SBWC within 21 days of when they learned of the disabling condition. Employers that fail to report a compensable injury or make payments promptly may incur late payment penalties, late filing penalties, and attorney’s fees.
- Assist the insurance company during its investigation – Employers must cooperate with the insurance company throughout its investigation. Workers’ comp insurance carriers commonly request documentation like employee personnel files and payroll records. Adjusters may also ask to interview supervisors or coworkers of the injured employee to gather more information or confirm certain details.
Although these requirements sound like common sense, many employers cut corners regarding safety to save themselves money. If you suspect that your employer is skirting the law or refusing to act in good faith, contact a knowledgeable workers’ compensation lawyer for legal advice.
Is Your Employer Required to Provide Workers’ Compensation?
Nearly every employer with three or more regular employees in Georgia must carry workers’ compensation insurance. Regular employees are any workers, including minors and undocumented laborers, who are either full-time or part-time employees under a written or implied contract. Certain workers, such as corporate officers and members of a limited liability company (LLC), can exempt themselves from coverage. However, they are still included in the count of total regular employees.
All employers subject to these requirements must either purchase workers’ compensation insurance or qualify and be approved as self-insured. Workers’ comp policies must provide benefits that help injured workers cover necessary medical expenses and a portion of lost wages. Providing workers’ comp coverage generally shields employers from legal liability for workplace injuries. This means injured workers cannot sue their employers for a job injury unless it occurred because the employer acted with extreme recklessness or intentional malice.
Employers must post notices in the workplace informing employees of their compliance with Georgia’s workers’ compensation laws. These notices must include a copy of the SBWC Bill of Rights, the contact information for their insurance company (or their certificate of self-insurance), and the names of a pre-approved panel of physicians.
Employers in Georgia can choose who provides medical care to their workers. They must either select a panel of at least six authorized physicians, including one orthopedic physician and one minority physician, or contract with a Managed Care Organization to handle employee treatment. If the employer fails to comply with these rules, an injured employee can choose their own doctor. The employer could also face penalties.
Employer Restrictions After an Occupational Injury
One of the purposes of the workers’ compensation system is to help injured employees recover and return to work as soon as possible. To that end, employers must treat employees respectfully during the workers’ compensation process and facilitate a smooth transition back to work.
Employers cannot take any of the following actions against a worker:
- Retaliation – Examples of employer retaliation include forcing employees to schedule doctor’s appointments during off hours, changing employee schedules or shift times, scrutinizing what an employee does while on the clock, and assigning menial or degrading work to them.
- Defamation – Employers cannot make false or denigrating statements about employees who file workers’ comp claims. Defamation is most likely to occur when employers experience negative consequences due to a worker’s injury. For instance, an employer who gets cited for violating safety standards and responds by making defamatory statements about the worker could face legal repercussions.
- Termination – In most cases, employer retaliation involves subtle behavior that allows for a certain level of plausible deniability. However, some employers retaliate by firing employees immediately after a workplace accident or workers’ comp claim. While employers retain the right to fire any worker for cause, termination as retaliation for an injury claim is illegal.
Contact Our Workers’ Compensation Lawyer in Albany
At the Law Offices of William F. Underwood, III, P.C., our Georgia workers’ compensation attorneys can determine the full value of your claim and pursue the benefits you deserve after a workplace accident. If you believe your employer is violating their legal obligations to you, contact us today for a free case review.
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