The Georgia Workers' Compensation Act provides that employers with three or more employees are required to have Workers' Compensation Insurance, and their employees are entitled to benefits for injury, occupational diseases, or death on the job.
FREQUENTLY ASKED QUESTIONS:
What to do if emergency medical attention is needed? If severely injured, you should obtain the immediate medical treatment as required by the emergency situation.
- However, if possible, obtain your medical treatment from the authorized (panel) physician or from a facility as provided or designated by your employer.
If an authorized physician is not available, or if the employer refuses or fails to identify or to pay for the treatment, then you may select a physician, emergency room or treatment facility to provide for your emergency care. - That selected physician will be the authorized to treat you for the reasonably necessary emergency care you need.
Is my employer required to have Workers' Compensation insurance coverage? If your employer has 3 or more employees regularly in its service in Georgia, then the employer is subject to the act, and is required to have workers' compensation insurance coverage. An employer may be any individual, sole proprietor, corporation, partnership, limited liability company, non-profit organization, or other entity which has employees in its hire.
When do I report my injury to my employer? Report your injury to your employer as soon as possible. If you do not know that you have been injured or if you have no reason to know of your injury, then report the injury as soon as you become aware of that you have been injured or have an occupational disease.
- Notice can be given orally to the employer if given within 30 days of the date of the injury. After 30 days from the date of injury, you must inform your employer of the injury in writing.
- Keep a copy of any written notice or report of injury that you give to your employer. Also keep a copy of any report of the injury that your employer makes, and of any written notice you give to the employer.
Who do I report my injury to? Notice can be given to any agent of the employer, however, it is best to give the notice to an officer, manager, supervisor or foreman. If you give notice orally, you should immediately write yourself a note with the details of when, where and who you told about the injury.
When do I report my injury to the State Board of Workers' Compensation? Report your injury to the Georgia State Board of Workers' Compensation within one (1) year of the date of the injury. You can report this to the Board by filing a Notice of Claim (Form WC-14) which can be obtained on their internet website or by contacting them on the phone. (Note: If you have received income benefits or remedial medical treatment, then this period may be extended. You should consult an attorney about whether or not the time for reporting might be extended.)
Who is authorized to provide me with medical treatment. Medical benefits and treatment are normally provided to you by an authorized treating physician. Your employer is required to post a panel or list of physicians in prominent places in its place of business. This Panel of Physicians is normally a pink piece of paper, and often has an additional sheet with it explaining your rights or benefits under Workers' Compensation Law.
- Ask your employer for the medical treatment providers for your on the job injury.
- Select the physician of your choice from the posted Panel of Physicians.
- If the employer refuses to provide you with an authorized physician, or refuses to pay for your medical expenses, then you may obtain medical treatment from a physician of your choice, and that physician will be deemed the authorized treating physician. (Again, document the refusal with a note stating when and who refused to approve the treatment).
Do I have to use the authorized treating physician for my medical care? No, BUT, if you do not use the authorized treating physician for you medical care, your employer and its insurance carrier will not be required to pay for those services.
Do I have to accept the treatment provided for by my authorized treating physician? If medical treatment is recommended by your authorized treating physician and provided for you by your employer or its insurance company, then you must accept that treatment or you may loose benefits (medical and/or income) on a temporary and/or permanent basis.
What benefits am I entitled to?
- Medical Benefits. You are entitled to unlimited payment of your medical expenses for work related injuries, including payment of or reimbursement for:
- Physicians; hospitals, clinics, laboratory tests, x-rays, MRI's, surgery, out-patient treatments, nursing care, and other medically necessary procedures.
- Prescription medications; and,
- Travel expenses ("mileage") to and from medical treatment.
- Income Benefits. There are a number of types of income benefits which may be available to you. These include:
- Temporary Total Disability income benefits. When you are unable to work at all, then you are entitled to these benefits. The benefits payable to you is equal to 2/3's of your average weekly wage up to a maximum payment to you of $500.00 per week. The maximum period of time that these benefits are payable for is 400 weeks from the date of the injury.
- Temporary Partial Disability income benefits. If you are able to do some work, but earn less than you were making, then you may be entitled to receive income benefits to partially offset the loss of income. The benefits are payable to a maximum of $334.00 per week, and for a maximum period of time equal to 350 weeks from the date of the injury.
- Permanent Partial Disability. These benefits are paid if and only if you should have some permanent but partial disability, and are generally only paid after other benefits have been paid. The benefits are based on rating of disability by your physician or on benefits provided under a schedule of injuries.
- Catastrophic Injury Benefits. Certain severe injuries which result in a permanent lost of your ability to earn a living, and are classified as "catastrophic injuries" under Georgia Workers' Compensation laws. These injuries may include blindness, severe burns, an amputation of a limb, foot or hand, brain damage, severe spinal cord injury, and other severe debilitating injuries. If an injury is accepted or designated as a catastrophic injury, then the employer is required to provide rehabilitation services to restore maximum physical function, and to restore the employee to suitable employment if possible. These services can include modifications to a residence or to a vehicle to provide the employee with reasonable access or use. Income benefits payment can extend beyond the weekly limitations normally available to the injured employee.
- Death Benefits. The dependent(s) of a worker who dies as a result of a job related injury or disease is entitled to benefits. These include the reasonable expenses of the employee's last sickness; burial expenses and weekly dependency benefits.
Am I entitled to damages for pain and suffering or to punitive damages?
- No. Georgia Workers' Compensation laws do not provide for payment to an injured worker for pain and suffering.
- No. Georgia Workers' Compensation laws to not provide for payment to an injured worker for the type of punitive damages that are sometimes awarded in other personal injury cases.
Can I sue my employer for other types of damages?
- If your employer is subject to the Workers' Compensation Act (i.e. 3 or more employees), then you cannot file suit against your employer. Your remedy is to file a Workers' Compensation claim with the State Board of Workers' Compensation.
- There may be exceptions to this in very limited situations. Consult your attorney.
Can I sue other companies or people who are responsible for my injuries? You may be able to file suit against another person or company who is responsible for your injuries. Typically, this is someone that is not employed by your employer, but caused the accident or injury you suffered.
- Examples of these types of third-party claims would include;
- The driver of a vehicle that caused an accident that injured you while you were working.
- The manufacturer of a defective machine that you used at work.
- Consult your lawyer for other situations that may apply.
Why am I not able to sue or get other compensation from my employer? Benefits available to an injured worker are provided for by specific statutes or laws. They are not the same as may be available to you in other personal injury cases, and are generally available as a mandatory alternative to traditional lawsuits. Basically, if it is not a benefit listed or defined in the Workers' Compensation Act, it is not available.
