Workers’ compensation is a specific type of insurance purchased by employers to cover costs associated with their employees’ work-related injuries. When you become injured or ill on the job in Georgia, workers’ comp benefits can pay for your medical expenses, a portion of your lost wages, and other rehabilitation costs.
Workers’ comp benefits are meant to be available quickly, regardless of who is at fault for your injuries. However, many claims get caught up in red tape due to missed deadlines, missing information, or other administrative errors. This can make it difficult for deserving claimants to get the workers’ compensation they are entitled to in a timely way.
The workers’ compensation lawyers at The Law Offices of William F. Underwood, III, P.C. can help if you’re struggling to obtain benefits after a workplace injury in Georgia. With years of experience representing hardworking people just like you, our attorneys know how to stand up to insurance companies that try to deny or minimize valid claims. Let us stand up for you, too.
Call or contact us today for a free consultation with an Albany, GA workers’ compensation lawyer.
Who Is Required to Have Workers’ Comp Insurance in GA?
Under Georgia law, most employers with three or more regular employees are required to carry workers’ compensation insurance. However, there are exceptions for government agencies and the railroad and farming industries.
You can confirm whether or not your employer has workers’ comp insurance by visiting the coverage verification page on the Georgia State Board of Workers’ Compensation (SBWC) website.
Does Workers’ Comp Cover All Employees?
Workers’ compensation covers most regular employees in Georgia. Regular employees work for their employers on a routine basis, including part-time workers. Casual and seasonal workers are typically not considered regular employees.
Corporate officers are automatically included in corporations’ workers’ comp policies, but up to five corporate officers can file for voluntary exclusion. Sole proprietors and partners are automatically excluded but can choose to cover themselves. Independent contractors are not eligible for workers’ compensation.
How Do I File a Workers’ Compensation Claim in Georgia?
To seek workers’ compensation benefits in Georgia, you must:
- Report the injury to your employer as soon as possible. You may be disqualified from receiving benefits if you fail to report the injury within 30 days.
- Visit an employer-authorized physician or seek care through your employer’s Managed Care Organization (MCO). Your employer must post information for at least six authorized physicians or MCO contact details in your workplace.
- Tell your physician that you are specifically seeking treatment for a work-related injury. Follow their prescribed care plan strictly.
- Fill out a WC-14 form provided by the SBWC. This is your Notice of Claim/Request for Hearing/Request for Mediation.
After submitting your completed paperwork, your employer’s workers’ comp insurance provider should inform you whether your benefits are approved or denied. If your claim is denied, you have the right to request a hearing before the SBWC.
What Benefits Can I Receive from Workers’ Comp?
As an eligible employee, you may be entitled to the following types of workers’ comp benefits:
- Medical benefits – These benefits cover any reasonable and necessary medical expenses for the treatment of your work-related injury(s). You are also entitled to compensation for costs related to your travel to and from medical appointments.
- Lost wage benefits – If you must miss work while you recover from your injury, you may be eligible for lost wage benefits. These benefits cover up to two-thirds of your average weekly pre-injury wages, up to a maximum set by state law.
- Temporary Total Disability benefits – If you are temporarily disabled for an extended period, you could be entitled to temporary partial disability (TPD) or temporary total disability (TTD) benefits. TTD benefits cover up to two-thirds of your average weekly wages pre-injury. By contrast, TPD benefits cover up to two-thirds of the difference between your average weekly pre-injury wages and the reduced wages you earn on temporary light-duty work.
- Permanent Partial Disability benefits – If you are permanently disabled after a work-related injury, you could be entitled to permanent partial disability (PPD) benefits. Permanent Partial Disability means disability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of use of the injured worker’s body.
- Vocational rehabilitation benefits – If your injuries prevent you from returning to your previous job, you may be entitled to vocational rehabilitation benefits that cover the costs of any education or training you need to get a new job.
- Funeral and death benefits – If you are a surviving dependent of a worker who was fatally injured on the job, you could be entitled to death benefits that cover reasonable funeral expenses. You could also receive death benefits to cover a portion of the lost income provided by your deceased loved one.
How Long Will My Workers’ Comp Benefits Last?
The length of time you can continue receiving workers’ comp benefits depends on how long it takes you to recover from your work-related injury. Generally speaking, your medical expenses will be covered for a maximum of 400 weeks from the date of injury unless your case is deemed to be catastrophic, while wage loss benefits are available for a maximum of 400 weeks, but that number can be reduced to 350 weeks if you’re out of work and your authorized treating physician has had you on light-duty restrictions for 52 consecutive weeks or 78 aggregate weeks. However, if you suffer a permanent disability that prevents you from ever resuming any gainful employment, you may be entitled to wage loss benefits for life.
Are Workers’ Compensation Payments Taxable?
No. Workers’ compensation benefits are not considered income, so you do not have to pay federal or state income taxes on any payments you receive.
Can I Get Fired for Making a Workers’ Compensation Claim?
No. It is illegal under Georgia law for employers to fire employees in retaliation for filing workers’ compensation claims. However, because Georgia is an “at-will” employment state, your employer does have the right to fire you or lay you off for other reasons, even if you are currently receiving benefits through their workers’ comp policy.
If you are fired or laid off while receiving workers’ comp benefits in Georgia, it’s important to contact a knowledgeable workers’ compensation lawyer right away. An attorney can determine whether you may have a wrongful termination case and fight for the full benefits you are owed.
How Can a Workers’ Compensation Lawyer in Georgia Help Me?
The Law Offices of William F. Underwood, III, P.C. can help you with every aspect of your workers’ comp claim and avoid common mistakes that could cost you the benefits you deserve. Call or fill out our online contact form for a free consultation now.
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