Many Georgia employees can receive workers’ compensation benefits for work-related injuries and occupational illnesses. However, the laws on workers’ compensation are complex, and the application process is document-heavy and deadline-oriented. A Georgia workers’ compensation lawyer can be your best friend on the path to benefits.
The trusted attorneys at the Law Offices of William F. Underwood, III, P.C., are dedicated to helping injured employees get the full benefits they are entitled to under state law. We’ll help you navigate the workers’ comp system and advocate for your best interests at all times. Contact us today for a free initial consultation with a Georgia workers’ compensation lawyer.
Georgia Workers’ Compensation Law
Workers’ compensation laws in Georgia allow employees to receive coverage for the cost of medical treatment, partial wage replacement, and disability benefits as they heal from an injury or workplace illness. These benefits are available regardless of who is at fault for the injury as long as the worker can show the injury is work-related.
There is a trade-off. By receiving no-fault workers’ compensation coverage, employees cannot file a personal injury lawsuit against their employer for their injuries.
All businesses with three or more employees must purchase workers’ compensation insurance in Georgia. If you suffer a workplace injury, you must choose a doctor from your employer’s posted list of providers or the certified WC/MCO for treatment.
Workers’ compensation pays for authorized medical care, including:
- Doctor bills
- Hospitalization costs
- Rehabilitation expenses, such as physical or occupational therapy
- Prescriptions
- Travel expenses to and from appointments
Workers’ comp law also allows employees to collect a portion of their lost wages while they are not working. Here’s what you need to know:
- Weekly wage benefits will begin if you miss work for seven days or more due to an injury.
- Your first check will arrive within 21 days of the first day you missed at work. You will be paid for the first week off if you cannot work more than 21 days due to your injury.
- Employees typically receive two-thirds of their average weekly wage up to a maximum set by state law.
Common Workplace Injuries
Some of the most common injuries people sustain at work are:
- Back injuries
- External head injuries
- Traumatic brain injuries
- Knee or joint injuries
- Repetitive motion or stress injuries
- Burns
- Electric shocks
How Do Workplace Injuries Happen?
There are many different ways in which someone can sustain an injury at work, such as:
Overexertion: Lifting or carrying heavy objects
Slip and falls: Tripping over obstacles or falling from heights
Struck by/against injuries: Coming into contact with an object or piece of equipment
Crashes or collisions: For employees who drive or operate heavy equipment like forklifts
Hazardous materials: Inhalation or exposure to toxic chemicals and fumes
Fires: Resulting from workplace explosions
Inadequate safety protocols: Failing to provide personal protective gear or a secure working environment free from hazards like broken handrails
Workplace violence: Assaults and attacks from other employees
Frequently Asked Questions About Georgia’s Workers’ Compensation Law
Here are a few of the most common questions we get about workers’ compensation claims at the Law Offices of William F. Underwood, III, P.C.:
Can I be fired while on workers’ comp?
The simplified answer is yes. Your employer can fire you while you are receiving workers’ compensation, though if they do, you may be eligible for certain additional benefits. Before firing you, your employer should make a good-faith effort to find a new job that accommodates your work restrictions or alter your current position to meet those parameters. If your employer does not do this, they may be breaking the law, so contact an experienced workers’ compensation attorney right away.
What happens if my employer retaliates when I make a workers’ compensation claim?
Georgia is a “right-to-work” state, which means your employer can fire you for almost any reason, except discrimination or if you have an employment contract. However, it is illegal for an employer to retaliate and fire you simply because you file a workers’ compensation claim. They’re also not permitted to retaliate in other ways if you file a claim, such as by unreasonably demoting you, denying you a promotion, or giving you a bad reference.
That said, your employer could legally fire you for other reasons. It’s essential to document your case and your conversations with your employer and then speak to a knowledgeable attorney if you believe you are being retaliated against at work for filing a claim.
Are workers’ compensation payments taxable?
Workers’ compensation payments are not generally considered taxable. This is true regardless of whether you receive weekly benefit checks or a lump-sum payment from your employer. If your employer or someone else tries to tell you that your workers’ compensation benefits are taxable, talk to a lawyer as soon as you can.
Can you get pain and suffering from workers’ comp?
Workers’ compensation benefits do not include reimbursement for pain and suffering. Workers’ compensation benefits only cover the cost of whatever treatment you need to treat your work-related injury, along with a portion of your missed wages and disability benefits (if you meet the necessary criteria).
Though you cannot sue your employer for a job injury, filing a third-party personal injury lawsuit could be possible. This only applies if an outside party’s negligence led to your work injury. For example, if you lost a hand because a defective chainsaw malfunctioned, you might be able to file a claim against the chainsaw’s manufacturer. A skilled workers’ compensation attorney can investigate your case to determine whether you have a valid case for additional compensation.
Can you work while receiving workers’ compensation?
If your doctor clears you to work while you’re receiving workers’ compensation payments, your employer can make you report to work. That said, your employer also has to abide by whatever work restrictions your doctor says are necessary.
Who can be excluded from workers’ compensation?
Certain groups of workers who are exempt from Georgia workers’ compensation law, including:
- Domestic servants
- Farmworkers
- Federal government employees
- Some corporate executives
- Railroad workers
Talk to a Workers’ Compensation Lawyer Today
There’s a lot to grapple with if you’ve been hurt on the job and need to pursue workers’ compensation benefits. You can improve your chances of obtaining maximum benefits with the help of a Georgia workers’ compensation lawyer.
The team at the Law Offices of William F. Underwood, III, P.C., is committed to defending the rights of injured employees throughout the Peach State. Contact our office today to speak to one of our workers’ comp attorneys. The first consultation is free.
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