Atlanta Workers' Compensation Lawyer & Attorney : Seth Bader Law Firm : Construction Accidents, Repetitive Motion Injuries, Disability : Atlanta, Marietta, Roswell, Georgia

O.C.G.A. §34-9-358 and O.C.G.A. §34-9-368 were amended in order to:

• Change certain provisions relating to payment of assessments to the Subsequent Injury Trust Fund by insurers and self-insurers;
   
• Provide for a reserve of surplus funds to be maintained by the administrator of the Fund; and
   
• Provide for disbursement of any remaining balance in the Fund once all bona fide claims have been paid.

 

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The Bader Law Firm specializes in Georgia workers' compensation law and is dedicated to helping injured workers obtain the best possible medical treatment and maximum compensation available under the Georgia law.   Like many injured workers, our clients frequently have questions regarding their workers' compensation rights.  We have answered a number of these questions below and hope you find the answers helpful.

Your workers' compensation has its own unique set of facts and issues.  If you have specific questions about your case, we would be happy to speak with you, so please feel free to contact us or call us (404.917.9174) to discuss your case or to set up a free consultation.

General Questions

1. What is Workers' Compensation?
2. Are workers' compensation laws the same in all states?
3. What are my workers' compensation rights as an injured worker in Georgia?
4. What are my workers' compensation responsibilities as an injured worker in Georgia?
5. What kinds of workers' compensation benefits are available to injured workers?
6. Are workers' compensation benefits taxed?
7. Am I required to stay in Georgia to continue receiving workers' compensation?
8. How will workers' compensation benefits affect my social security benefits?
9. Is the insurance company allowed to follow me or conduct surveillance on me?
10. Does the State Board of Workers’ Compensation investigate fraud? 

Exclusive Remedy, Third-Party Litigation, and Subrogation

1. Can I get compensation for my pain and suffering?
2. Can I sue my employer for my work-related injury?
3. Can I sue a co-worker if he or she caused my on-the-job injury?
4. Can I sue anyone for my on-the-job injuries?
5. Can I receive workers' compensation benefits if the accident was my fault? 

Attorneys and Attorney Fees

1. What are the benefits of having a workers' compensation attorney?
2. Do you recommend getting an attorney even if the insurance adjuster has seemed helpful?
3. When should I consult a workers' compensation attorney?
4. Why should I hire The Bader Law Firm? 
5. How much will a workers' compensation attorney charge to handle my case?
6. Can I meet my lawyer before deciding to hire him or her?
7. What sort of questions should I ask an attorney before hiring one?
8. Do I need a workers' compensation attorney if my case goes to court?
9. Is my attorney required to represent me if I want to file an appeal?
10. What if I hire a workers' compensation attorney but later become dissatisfied with his or her work?  

Reporting Injuries and Filing Claims

1. What should I do if I'm injured at work?
2. When should I report my work-injury to my employer?
3. What happens if I'm not able to report my injury? 
4. How much time do I have to file a workers' compensation claim?
5. How do I file a claim for workers' compensation benefits? 
6. What happens after I file a claim for workers' compensation benefits? 
7. What should I do if my workers' compensation claim is denied? 
8. What should I do if the insurance company has not responded to my claim?  

Coverage Issues

1. Am I eligible for workers' compensation benefits?
2. How long do I have to work before I'm eligible for workers' compensation?
3. Who is required to provide workers' compensation coverage?
4. How do I know if the company I work for is covered by workers' compensation?
5. Does workers' compensation cover government employees?
6. What types of jobs are covered by workers' compensation?
7. How does the law determine if I am an employee or an independent contractor?
8. Can I receive workers' compensation for an injury resulting from carelessness?
9. Can I receive workers' compensation if my injury resulted from employee misconduct?
10. Can I be denied workers' compensation if I was drunk or on drugs when my accident occurred?  

Compensability of Specific Injuries and Occupational Diseases

1. What types of injuries, illnesses, or diseases are covered by workers' compensation?
2. Can I receive workers' compensation for an occupational disease?
3. Can I receive workers' compensation for occupational lung damage or lung disease?
4. Can I receive workers' compensation for loss of hearing or loss of vision?
5. Can I receive workers' compensation for a heart attack?
6. Can I receive workers' compensation for a stroke?
7. Can I receive workers' compensation for a repetitive motion injury?
8. Can I receive workers' compensation for an aggravation of a pre-existing condition?
9. What is a catastrophic injury? 

Choosing a Doctor, Changing Doctors, and Getting Second Opinions

1. What must I do if I need emergency treatment?
2. Can I choose the doctor for my work-related injury?
3. Do I have to go to the doctor that my boss tells me to see?
4. How do I get my employer's list of doctors?
5. What happens if my employer does not have a list of doctors?
6. What happens if my employer does not tell me about its list of doctors?
7. Can I change doctors?
8. Can I get a second opinion?
9. What is an Independent Medical Examination ("IME")?
10. Am I required to attend an Independent Medical Examination set up by the insurance company? 

Medical Bills and Mileage Reimbursement

1. Who will pay my medical bills?
2. Do I have to pay any portion of my medical bills?
3. What should I do if I receive a medical bill?
4. Is my employer and its insurance company required to pay all of my medical bills regardless of how much they are?
5. Can I get reimbursement for mileage or other expenses?
6. How long do reimbursements take?
7. What happens if I do not have a car to get to my doctors' appointments?
8. Should I file a workers' comp. claim for a non-disabling injury if I have health insurance?
9. May I receive additional medical treatment after I reach maximum medical improvement?
10. Who will pay for my medical treatment in the future if I settle my case? 

Common Types of Medical Treatment and Diagnostic Testing

1. What happens if I need surgery?
2. What happens if I need physical therapy?
3. Does workers' compensation cover prescription drugs?
4. What happens if I need an X-ray, MRI or CT scan?
5. What is an X-ray?
6. What is a CT Scan?
7. What is an MRI?         

Disability Benefits and Death Benefits

1. What types of disability benefits are available under Georgia Workers' Compensation Law? 
2. Is there a maximum weekly disability rate? 
3. Is there a maximum number of weekly disability checks that I can receive? 
4. What types of disability benefits can I get if I'm unable to work due to my work-related injury?
5. What type of disability benefits can I get if I'm not able to perform my normal job and there are no light-duty jobs available?
6. What if I am able to return to work, but can only get a lower paying job as a result of my injury?
7. What happens if I become permanently disabled?
8. What types of benefits are available in catastrophic cases?
9. What types of benefits can the spouse, children, and dependents of a worker who was killed on the job receive?
10. Under what circumstances might my disability benefits be suspended or terminated?

Workers' Compensation Hearings, Discovery, and Depositions

1. Do I have to go to court?
2. When will my workers' compensation case go to court?
3. Where will my workers' compensation hearing take place?
4. What is a workers' compensation hearing?
5. Who participates in a workers' compensation hearing?
6. What can I expect at a workers' compensation hearing?
7. What is a deposition?
8. What happens at a deposition?
9. What are the "ground rules" for a deposition?
10. Do you have any advice regarding my workers' compensation deposition?

Settlement Mediations

1. What is a settlement mediation?
2. Can I request a settlement mediation?
3. Is a settlement mediation the same as a workers' compensation hearing?
4. How long will my settlement mediation last?
5. Where will my settlement mediation take place?
6. When will my settlement mediation take place?
7. Who will attend my settlement mediation?
8. Who will be the mediator at my settlement mediation?
9. What should I bring to my settlement mediation?
10. Am I required to settle my case at a settlement mediation? 

Workers' Compensation Settlements

1. Am I entitled to settle my workers' compensation case?
2. How much is my workers' compensation case worth?
3. Who will pay for my medical care after I settle my case?
4. How will settlement affect me if I'm receiving Social Security?
5. Is there more than one kind of workers' compensation settlement?   

Employer Retaliation, FMLA, Unemployment, and Other Employment Issues

1. Can my employer fire me for filing a workers' compensation claim?
2. Can my employer fire me while I'm receiving workers' compensation benefits?
3. How does the the Americans with Disabilities Act affect workers' compensation claims? 
4. Can my employer make me pay my group health insurance premium while I'm out of work and receiving workers' compensation income or disability benefits? 
5. Can I receive unemployment benefits and workers' compensation benefits at the same time?

Workers' compensation is a benefits program created by the Georgia Workers' Compensation Act to provide injured workers with medical treatment, weekly income benefits, permanent partial disability benefits, and, in some cases, rehabilitation and death benefits.

Workers' compensation is, generally speaking, a strict liability system in that injured workers can recover workers' compensation benefits without showing fault or negligence by their employers.  To be compensable, however, injuries and occupational diseases must arise out of and in the course and scope of employment.

Because injured workers are not required to prove fault or negligence on the part of their employers, workers' compensation is, in Georgia and in most other states, the "exclusive remedy" for on-the-job injuries and occupational diseases.  If someone other than the employer was responsible for an  worker's injuries, however, the injured worker may have a valid basis for filing a civil lawsuit against the responsible party.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

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Workers' compensation laws are similar in many states, but each state has its own unique workers' compensation laws and employees of the federal government are covered under the FederalEmployees Compensation Act (FECA) or the Longshore and Harborworkers' Compensation Act.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

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Georgia Workers' Compensation Law provides workers in the State of Georgia with certain rights should they become injured, and workers are entitled to these rights even if they suffer an on-the-job injury on their first day of work.

Here is a summary of these rights: 

1. If you are injured on the job, you may receive medical, rehabilitation and income benefits. These benefits are provided to help you return to work. Your dependents may also receive benefits if you die as a result of a job-related injury.


2. Your employer is required to post a list of at least six doctors or the name of the certified WC/MCO which provides medical care. You may choose a doctor from the list and make one change to another doctor on the list without the permission of your employer. However, in an emergency, you may get temporary medical care from any doctor until the emergency is over; then you must get treatment from a doctor on the posted list.


3. Your authorized doctor bills, hospital bills, rehabilitation in some cases, physical therapy, prescriptions and necessary travel expenses will be paid if injury was caused by an accident on the job.


4. You are entitled to weekly income benefits if you have more than seven days of lost time due to an injury. Your first check should be mailed to you within 21 days after the first day you missed work. If you are out more than 21 consecutive days due to your injury, you will be paid for the first week.


5. Accidents are classified as being either catastrophic or non-catastrophic. Catastrophic injuries are those involving amputations, severe paralysis, severe head injuries, severe burns, blindness, or of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy.


6. In catastrophic cases, you are entitled to receive two-thirds of your average weekly wage up to the maximum allowed under the law for a job-related injury for as long as you are unable to return to work. You are also entitled to receive medical and vocational rehabilitation benefits to help in recovering from your injury. Your employer will advise you of the amount of your weekly benefit.


7. In all other cases (non-catastrophic), you are entitled to receive two-thirds of your average weekly wage but not more than the maximum allowed under the law for a job-related injury. You will receive these weekly benefits as long as you are totally disabled, but no longer than 400 weeks. If you are not working and it is determined that you have been capable of performing work with restrictions for 52 consecutive weeks or 78 aggregate weeks, your weekly income benefits will be reduced to two-thirds of your average weekly wage, but no more than the maximum allowed under the law, not to exceed 350 weeks.


8. When you are able to return to work but can only get a lower paying job as a result of your injury, you are entitled to a weekly benefit of not more than the maximum allowed under the law for no longer than 350 weeks.


9. Your dependent(s), in the event you die as a result of an on-the-job accident, will receive burial expenses up to the maximum allowed under the law and two-thirds of your average weekly wage, but not more than the maximum allowed under the law. A widowed spouse with no children will be paid a maximum allowed by law at the time of injury. Benefits continue until he/she remarries or openly cohabits with a person of the opposite sex.


10. If you do not receive benefits when due, the insurance carrier/employer must pay a penalty which will be added to your payments.
    

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

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Along with providing workers in Georgia with certain rights, Georgia Workers' Compensation Law provides workers with some responsibilities that they should, and in some cases must, fulfill if they suffer an on-the-job injury.  Here is a summary of these responsibilities:

1. You should follow written rules of safety and other reasonable policies and procedures of the employer.


2. You must report any accident immediately, but not later than 30 days after the accident, to your employer, your employer’s representative, your foreman or immediate supervisor.  Failure to do so may result in the loss of the benefits.


3. You must accept reasonable medical treatment and rehabilitation services when ordered by the State Board of Workers’ Compensation or the Board may suspend your benefits.


4. No compensation shall be allowed for an injury or death due to the employee’s willful misconduct.


5. You must notify the insurance carrier/employer of your address when you move to a new location.


6. You should notify the insurance carrier/employer when you are able to return to full-time or part-time work, and report the amount of your weekly earnings because you may be entitled to some income benefits even though you have returned to work.


7. A dependent spouse of a deceased employee shall notify the insurance carrier/employer upon change of address or remarriage.


8. You must attempt a job approved by the authorized treating physician even if the pay is lower than the job you had when you were injured. If you do not attempt the job, your benefits may be suspended.


9. If you believe you are due benefits and your insurance carrier/employer denies these benefits, you must file a claim within one year after the date of last authorized medical treatment or within two years of your last payment of weekly benefits or you will lose your right to these benefits.


10. If your dependent(s) do not receive allowable benefit payments, the dependent(s) must file a claim with the State Board of Workers’ Compensation within one year after your death or lose the right to these benefits.


11. Any request for reimbursement to you for mileage or other expenses related to medical care must be submitted to the insurance carrier/employer within one year of the date the expense was incurred.


12. If an employee unjustifiably refuses to submit to a drug test following an on-the-job injury, there shall be a presumption that the accident and injury were caused by alcohol or drugs. If the presumption is not overcome by other evidence, any claim for workers’ compensation benefits would be denied.
    

You shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $10,000 or imprisonment up to 12 months, or both for making false or misleading statements when claiming benefits. Also, any false statements or false evidence given under oath during the course of any administrative or appellate division hearing is perjury.

Willfully making a false statement for the purpose of obtaining or denying benefits is a crime subject to penalties of up to $10,000.00 per violation (O.C.G.A. 34-9-18 and 34-9-19).

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

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Medical Benefits - Injured employees who qualify for workers' compensation benefits are entitled to all reasonable and necessary medical treatment and there is no time limit or monetary limit on this treatment.  Injured employees always have some control over who serves as their Authorized Treating Physician, but the extent of this control depends largely on whether their employer had a valid Panel of Physicians posted on the date of accident in each case.  Injured employees also have a right to make one change in Authorized Treating Physicians, and in some cases, injured employees are also entitled to get a second opinion at the insurance company's expense.

Disability Benefits - Injured employees may receive Temporary Total Disability Benefits (TTD Benefits), Temporary Partial Disability Benefits (TPD Benefits), and/or Permanent Partial Disability Benefits (PPD Benefits). 

• TTD Benefits - Subject to the maximum weekly rate in effect on the injured employee's date of accident, TTD Benefits are payable for up to 400 weeks at a weekly rate of 66.6% of the injured employee's Average Weekly Wage.  In "catastrophic" cases, TTD Benefits may be paid for the duration of the injured employee's lifetime.


• TPD Benefits - Subject to the maximum weekly rate in effect on the injured employee's date of accident, TPD Benefits are payable for up to 350 weeks at a weekly rate of 66.6% of the difference between the injured employee's pre-accident and post-accident Average Weekly Wage.


• PPD Benefits - Subject to the maximum weekly rate in effect on the injured employee's date of accident, PPD Benefits are payable at the same rate as TTD Benefits and the number of weeks of PPD Benefits to be paid is determined by a statutory formula intended to compensate the injured employee based upon the degree of his or her permanent impairment.

Rehabilitation Benefits - Employees who suffer "catastrophic" injuries are entitled to rehabilitation benefits.

Death Benefits - Dependents of a deceased employee - typically his or her spouse and children - can receive weekly benefits at the same rate that the deceased employee would have received had he or she only been disabled.  There are limits on the number of weeks that dependents can receive weekly benefits, with the exact limitation depending primarily upon the age and identity of the dependent.  Death benefits also include an allowance for funeral expenses.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

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Generally speaking, workers' compensation benefits are not taxed; however, there may be some exceptions such as when workers' compensation benefits are received in place of Social Security Disability Insurance.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

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No.  If you are receiving workers' compensation benefits and move to another state, you are entitled to continue receiving workers' compensation benefits for the same length of time that you would have received these benefits in Georgia. 

If you change addresses - within or outside of the State of Georgia - you are required to provide your new address to your employer, its insurance company, and the State Board of Workers' Compensation.

To view other Workers' Compensation Questions and Answers, click on the "Q & A" Button.

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