Workers’ Compensation FAQ

If you were hurt at work, your employer could bear responsibility for compensating you until you recover and can safely return to work. The benefits you receive from workers’ compensation could include a portion of your regular income and cost-free medical care to treat your work-related injury or illness. 

Not every injury you incur at work entitles you to benefits. Understanding when a workplace injury or illness qualifies you for workers’ compensation benefits can be confusing. Our workers’ compensation FAQs are designed to answer many of your questions about the application process, the notification process, and the potential medical and financial benefits.

What Is Workers’ Compensation?

Workers’ compensation benefits are medical and financial benefits provided to employees who are injured or become ill during their employment. These benefits are offered and regulated on a state-by-state basis. In addition, federal employees have access to a separate federal workers’ compensation program. 

Workers’ compensation benefits include:

• Medical care until you reach maximum medical improvement
• Financial compensation for a specified portion of your income
• Death benefits for surviving family members of deceased employees

These benefits are available regardless of who was at fault for your injuries. While this no-fault system covers the cost of your recovery even if you were partially at fault for their cause, it also means you cannot sue your employer in civil court. 

A workers’ compensation lawyer can help you understand your rights and your employer’s responsibilities.

For a free legal consultation, call (404) 888-8888

Does My Employer Have to Offer Workers’ Compensation Benefits?

Whether or not your employer is required to offer workman’s compensation benefits varies depending on many factors. However, the primary criterion is the number of people who work for your employer. 

In Georgia, if the company you work for has three or more employees, they are required to carry workers’ compensation insurance. All employees are included in this count, whether full-time or part-time.  

In addition, you are covered by your job’s benefits even if you were not injured in your actual workplace. Workers’ compensation benefits extend to cover any worker injured in the course of their employment, no matter where the injury occurred.

How Much of My Income Does Workers’ Comp Pay?

The exact amount of your financial benefits will depend, in part, on your regular earnings before your injury occurred. You are entitled to two-thirds of your average weekly wage. Still, benefits for everyone are capped at $675.00 per week if your injury occurred before July 1, 2019, according to Georgia’s State Board of Workers’ Compensation (SBWC) guidelines.

The weekly compensation amount is calculated according to your average income for the preceding 13-week period. It will also vary depending on the classification of your disability:

• Maximum weekly benefits for temporary partial disability: $450
• Maximum weekly benefits for permanent partial disability: $675
• Death benefits for surviving family members of injured workers: $675

When a comp lawyer represents you, he will ensure your income is accurately calculated and that you receive the maximum benefits you are entitled to under the law.

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What Other Benefits Does Workers’ Comp Cover?

In addition to paying a financial benefit proportionate to two-thirds of your average weekly salary, workers’ compensation in Georgia covers your medical expenses. This includes coverage of all costs related to your on-the-job injury or illness.

Medical care pays your required:

• Doctor’s bills
• Hospital stays
• Physical therapy
• Rehabilitation
• Prescription medication
• Treatment-related travel expenses 

In some cases, you could also be eligible for vocational rehabilitation. All eligible bills are paid through your employer’s workers’ compensation insurance carrier. Your lawyer will ensure all eligible medical expenses are included in your claim and covered accordingly. 

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Can I Choose My Own Doctor?

Like many people, you may already have a primary care or other health care professional you know, trust, and are comfortable with. In most workers’ compensation cases, though, you are required to receive treatment for a work-related injury or illness from the health care professional associated with your employer’s insurance program. 

There is limited flexibility in your choice of physician. Your employer is required to offer six physicians. Choosing a doctor that you are comfortable with can be an essential part of your recovery. You are allowed to make one change in your choice of a treating physician without prior approval or permission. Any further changes may require extra steps.

Is There an Application Deadline?

Yes. The workers’ compensation application process has a statute of limitations that must be complied with. According to O.C.G.A. § 34-9-82, you generally have one year from the date of your injury to file your claim. 

The same limited amount of time applies to surviving family members in cases of fatally injured workers.

Some exceptions might lengthen the timeline. For instance, if you were receiving weekly benefits payments, the statutory clock starts running on the date of your last payment. 

Your lawyer will be familiar with Georgia workers’ compensation laws and can help you understand how the statute applies to your particular case. He can also help you ensure your right to benefits is not jeopardized by a misunderstood or misinterpreted filing deadline.

How Do I File a Workers’ Compensation Claim?

Your employee handbook should contain a section that explains the process of applying for benefits and the type of benefits available. A workers’ compensation attorney can also help you through each step in the application process.

SBWC guidelines outline the steps of the application process as follows:

• Notify your employer of your injury or illness
• Seek medical care from an employer-approved physician
• Obtain, complete, and file Form WC-14
• Send one copy to your employer
• Send one copy to the SBWC

You can obtain the required form from the SBWC website. After it is filed, your employer has three weeks (21 days) to file the form with the SBWC. After that, continue to follow the doctor’s orders regarding treatment while your claim is being investigated.

You may also choose to consult with a lawyer who is familiar with workers’ compensation law in Georgia. 

What Information and Documents Do I Need to Apply?

The workers’ compensation application process can be complicated if you undertake it on your own. It can also involve a wide range of documents and paperwork.

According to Georgia.gov, your application must include:

• Form WC-14 
• Medical records
• Medical bills
• Prescription records
• Prescription receipts
• Employment history
• Salary history

Our workman’s comp attorney will help ensure your application is complete, contains all required documents and forms, and is filed within the state’s allotted filing deadline.

How Long Does It Take to Start Receiving Benefits?

As a covered employee, you are entitled to benefits right from your first day of employment. However, after you become injured or are diagnosed with an illness or disease, you do not receive any wage reimbursement benefits for the first week (seven days). 

After your benefits are approved, you can generally anticipate receiving your first check in the next three weeks (21 days). If your disability causes you to miss work for more than 21 days, you will be retroactively compensated for the initial seven-day period.

It can be complicated to understand on your own. However, your lawyer will clarify the days you will be reimbursed for and help ensure you get all the compensation you are entitled to.

How Long Can I Receive Worker’s Comp Benefits?

The amount of time you can get benefits depends on the outcome of your injury. In cases of total disabilities, you will receive benefits for up to 400 weeks. Additional timelines include:

Employees who suffer catastrophic injuries can continue to receive benefits for their lifetime. In addition, employees who suffer a temporary partial disability can continue to receive benefits for up to 350 weeks.

Additionally, your benefits could be decreased or stopped if you are released to return to work. Any reduction or cessation will depend on whether you were released to work with any restrictions or limitations.

When Do I Have to Tell My Employer I Was Injured On-The-Job?

You should let your employer know you were hurt immediately. According to O.C.G.A. § 61, you are required to notify your employer within 30 days of your injury. Failure to do so could put your right to recovery at risk.

In addition, delaying notification could potentially delay treatment, putting your diagnosis and recovery at risk. 

Do I Need a Workers’ Compensation Lawyer to File My Claim?

You are allowed to file your claim on your own, but having a lawyer can help streamline a complicated process and help you make sense of the countless rules, regulations, forms, and time constraints of your case.

You should consider hiring a workers’ compensation lawyer if:

• The cause of your injury is in question
• Your coverage has been or might be denied
• Your injuries and their extent were incorrectly assessed
• Misconduct is alleged at the time your injury occurred

A workers’ compensation lawyer can help you obtain and complete the necessary documentation and compile your medical records and any additional evidence required in your case. 

How Much Does It Cost to Hire a Workers’ Compensation Attorney?

Initially, it costs nothing. Most workers’ compensation lawyers will review your case at no cost to you. They will also represent you at no upfront or out-of-pocket cost to you. Instead, your lawyer will receive a percentage of your compensation. 

This is called a contingency fee agreement and will allow you to avoid delays in preparing and filing your case. The maximum allowable percentage is 25. Your lawyer will review his percentage agreement with you. It can also ensure you have legal guidance and support rather than dealing with this complicated process on your own.

If I Feel Better, Do I Have to Keep Going to the Comp Doctor?

Yes. Do not stop getting medical care until your doctor determines that you have reached maximum medical improvement. Doing so could compromise your recovery and your workers’ compensation claim.

Additional ways you can put your case at risk include:

• Overexaggerating the severity of your injuries
• Not notifying your doctor of any pre-existing conditions

Posting too much information about your injury and your everyday life and activities can jeopardize your case. A lawyer in your area can explain relevant and important dos and don’ts that pertain to your case.

What Should I Do if My Workers’ Compensation Claim Is Denied?

File an appeal right away. Your lawyer can help you appeal a denied application. He can also request a hearing with the SBWC. Similar to a trial, your case is adjudicated by an Administrative Law Judge (ALJ). 

Your lawyer will represent you at your appeals trial. Then, the ALJ will hear your case, hear your employer’s side, and make a final determination. An appeal is a stressful undertaking, especially while recovering from an injury. 

A workers’ compensation lawyer can help you understand and navigate the process. Your lawyer will also explain each phase in detail and keep you abreast of any ongoing updates about your appeal.

Can I Get a Workers Compensation Settlement?

Possibly. A lawyer can help you negotiate a workers’ compensation settlement. If you are awarded a settlement, it will be one of two types that are available in Georgia: 

• If you are awarded a liability settlement, it settles financial matters with your employer’s insurance company.
• If you are awarded a non-liability settlement, it resolves your dispute about eligibility for benefits.

You might also have the option of a lump-sum versus structured settlement. Again, your attorney will help you understand the best type of settlement for you. He can also ensure that the compensation you receive in a settlement is fair and appropriate.

Workers’ Compensation FAQs

Get Help with Your Claim by Contacting a Workers’ Compensation Attorney Today

If you have been diagnosed with a work-related injury or illness, our law firm will help you get workers’ compensation benefits. Our workers’ comp lawyer will answer your workers compensation questions and explain how we build your case and fight for the benefits you are entitled to. 

Contact Bader Scott Injury Lawyers for a free review of your case today.

Call or text (404) 888-8888 or complete a Free Case Evaluation form