Workers’ Compensation Insurance Guide

workers compensation insurance

Did you suffer a job injury in Georgia? You’re not alone. Federal statistics show employers reported over 78,000 workplace injuries and illnesses in the Peach State in a recent year. In Georgia, most employees who get hurt or sick on the job can receive workers’ compensation benefits while they recover. However, the path to benefits isn’t always easy. Hardworking people with valid claims run into roadblocks far too often.  

If you suffered a workplace injury in Georgia, the Law Offices of William F. Underwood, III, P.C., can help you pursue the workers’ comp benefits you deserve. We understand how essential this financial support is to you, so we work quickly and diligently to seek the benefits you are entitled to.

Contact us today to speak with an experienced workers’ compensation lawyer. 

What is Workers’ Compensation Insurance?

Workers’ compensation insurance, sometimes shortened to workers’ comp, is no-fault insurance that most Georgia employers must purchase on behalf of their employees. It covers any employee who gets injured or ill on the job, no matter who is at fault.

Workers’ compensation insurance protects the employer and the employee from lengthy, costly litigation over workplace injuries. In Georgia, an injured worker cannot sue their employer for compensation after a job injury. Instead, the worker must file a workers’ compensation claim with the employer’s insurance company. If approved, the employee gets their benefits quickly, and the employer saves time and money by avoiding the risks and expenses of a trial. 

Is Your Employer Required to Carry Workers’ Compensation Insurance?

According to the State Board of Workers’ Compensation (SBWC), Georgia employers with three or more regular employees must carry workers’ compensation insurance. The employees can be full-time, part-time, or minors. This rule applies to non-profit and for-profit organizations, associations, corporations, limited liability companies, and other employers.  Farms aren’t required to carry workers’ compensation insurance, but it’s not unusual for large farms to carry it in an effort to hopefully avoid a possibly expensive liability claim for a work accident.

Some rules apply to specific types of employers:

  • Corporations and limited liability companies (LLCs) While corporate officers and LLC members can exempt themselves from coverage, they still count toward the total number of employees.
  • Partnerships and sole proprietors A partner or sole proprietor is not considered an employee but can be included in workers’ compensation insurance coverage if they wish.
  • Contractors – If a contractor sublets part of their work to a subcontractor that doesn’t carry workers’ comp insurance, the contractor may be liable to cover the subcontractor’s employees.

If you are unsure whether your employer has workers’ compensation insurance, you can check on the SBWC website.

What Does Workers’ Compensation Insurance Cover?

Workers’ compensation insurance covers any work-related injury, illness, or death. This can include injuries or illnesses that are not immediately diagnosed. Common types of injuries and illnesses covered by Georgia workers’ compensation include:

  • Slip-and-fall injuries
  • Transportation injuries
  • Falls from heights 
  • Injuries or conditions caused by toxic exposure 
  • Burns from fires, explosions, or electrical or chemical exposure
  • Overexertion injuries
  • Repetitive use injuries, such as carpal tunnel syndrome, tendonitis, or lower back pain
  • Hearing loss
  • Vision loss
  • Lacerations and contusions
  • Crush injuries
  • Injuries after getting struck by falling objects
  • Occupational illnesses, such as mesothelioma

Workers’ Compensation Benefits in Georgia

If you get injured on the job in Georgia, you may be entitled to several types of benefits through your employer’s workers’ compensation insurance:

  • Medical benefits Any medical expenses to treat your injuries will be covered through workers’ compensation insurance. This includes doctor’s bills, hospital bills, prescriptions, medical equipment or devices, physical therapy, and travel expenses to appointments. Your employer will provide information about eligible medical providers to treat your injuries.
  • Weekly income benefits – If you cannot work for more than seven days due to your injuries, you are entitled to weekly income benefits equal to two-thirds of your average weekly wage pre-injury (up to a statewide maximum). If the injury prevents you from working for more than 21 consecutive days, you will receive income for the first seven days you were injured. These benefits can last for up to 400 weeks. You may receive lifetime benefits If you suffered a catastrophic job injury.
  • Permanent disability benefits If your injury results in a permanent disability, you may be entitled to weekly income benefits for a set number of weeks based on your disability percentage. This percentage is determined by your treating physician based on the American Medical Association’s Guides to the Evaluation of Permanent Impairment. For example, a worker who is paralyzed after a workplace injury will receive benefits for longer than an employee who loses the use of one arm.
  • Vocational rehabilitation If your injuries prevent you from returning to the same job, you are entitled to vocational rehabilitation benefits, which may include job training, job search assistance, and educational programs if your employer agrees to this for a non-catastrophic case.  All catastrophic cases are eligible for vocational rehabilitation benefits. Vocational rehabilitation aims to help you obtain gainful employment in another job or career that accommodates your injury.
  • Death benefits If you die due to a workplace injury or illness, your family will receive weekly income benefits equal to two-thirds of your average weekly wage. Only surviving spouses, children, and dependent stepchildren can receive death benefits.

Why Hire a Workers’ Compensation Attorney?

Obtaining workers’ compensation might prove difficult. Too many employers or insurers make the process complicated and adversarial, which is the last thing you need when you are injured. A workers’ compensation lawyer can help you navigate this difficult process and avoid hang-ups that might lead to benefit delays or denials. 

If you need workers’ compensation after a job-related accident, contact the Law Offices of William F. Underwood, III, P.C. today. The first consultation is free.