Workers' Compensation - Questions and Answers
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 or call us at 404.917.9174 to discuss your case or to set up a free consultation.
General Questions
- What is Workers' Compensation?
- Are workers' compensation laws the same in all states?
- What are my workers' compensation rights as an injured worker in Georgia?
- What are my workers' compensation responsibilities as an injured worker in Georgia?
- What kinds of workers' compensation benefits are available to injured workers?
- Are workers' compensation benefits taxed?
- Am I required to stay in Georgia to continue receiving workers' compensation?
- How will workers' compensation benefits affect my social security benefits?
- Is the insurance company allowed to follow me or conduct surveillance on me?
- Does the State Board of Workers’ Compensation investigate fraud?
Exclusive Remedy, Third-Party Litigation, and Subrogation
- Can I get compensation for my pain and suffering?
- Can I sue my employer for my work-related injury?
- Can I sue a co-worker if he or she caused my on-the-job injury?
- Can I sue anyone for my on-the-job injuries?
- Can I receive workers' compensation benefits if the accident was my fault?
Attorneys and Attorney Fees
- What are the benefits of having a workers' compensation attorney?
- Do you recommend getting an attorney even if the insurance adjuster has seemed helpful?
- When should I consult a workers' compensation attorney?
- Why should I hire The Bader Law Firm?
- How much will a workers' compensation attorney charge to handle my case?
- Can I meet my lawyer before deciding to hire him or her?
- What sort of questions should I ask an attorney before hiring one?
- Do I need a workers' compensation attorney if my case goes to court?
- Is my attorney required to represent me if I want to file an appeal?
- What if I hire a workers' compensation attorney but later become dissatisfied with his or her work?
Reporting Injuries and Filing Claims
- What should I do if I'm injured at work?
- When should I report my work-injury to my employer?
- What happens if I'm not able to report my injury?
- How much time do I have to file a workers' compensation claim?
- How do I file a claim for workers' compensation benefits?
- What happens after I file a claim for workers' compensation benefits?
- What should I do if my workers' compensation claim is denied?
- What should I do if the insurance company has not responded to my claim?
- Am I required to provide my complete medical history to "workers' comp"?
Coverage Issues
- Am I eligible for workers' compensation benefits?
- How long do I have to work before I'm eligible for workers' compensation?
- Who is required to provide workers' compensation coverage?
- How do I know if the company I work for is covered by workers' compensation?
- Does workers' compensation cover government employees?
- What types of jobs are covered by workers' compensation?
- How does the law determine if I am an employee or an independent contractor?
- Can I receive workers' compensation for an injury resulting from carelessness?
- Can I receive workers' compensation if my injury resulted from employee misconduct?
- Can I be denied workers' compensation if I was drunk or on drugs when my accident occurred?
Compensability of Specific Injuries and Occupational Diseases
- What types of injuries, illnesses, or diseases are covered by workers' compensation?
- Can I receive workers' compensation for an occupational disease?
- Can I receive workers' compensation for occupational lung damage or lung disease?
- Can I receive workers' compensation for loss of hearing or loss of vision?
- Can I receive workers' compensation for a heart attack?
- Can I receive workers' compensation for a stroke?
- Can I receive workers' compensation for a repetitive motion injury?
- Can I receive workers' compensation for an aggravation of a pre-existing condition?
- What is a catastrophic injury?
Choosing a Doctor, Changing Doctors, and Getting Second Opinions
- What must I do if I need emergency treatment?
- Can I choose the doctor for my work-related injury?
- Do I have to go to the doctor that my boss tells me to see?
- How do I get my employer's list of doctors?
- What happens if my employer does not have a list of doctors?
- What happens if my employer does not tell me about its list of doctors?
- Can I change doctors?
- Can I get a second opinion?
- What is an Independent Medical Examination ("IME")?
- Am I required to attend an Independent Medical Examination set up by the insurance company?
Medical Bills and Mileage Reimbursement
- Who will pay my medical bills?
- Do I have to pay any portion of my medical bills?
- What should I do if I receive a medical bill?
- Is my employer and its insurance company required to pay all of my medical bills regardless of how much they are?
- Can I get reimbursement for mileage or other expenses?
- How long do reimbursements take?
- What happens if I do not have a car to get to my doctors' appointments?
- Should I file a workers' comp. claim for a non-disabling injury if I have health insurance?
- May I receive additional medical treatment after I reach maximum medical improvement?
- Who will pay for my medical treatment in the future if I settle my case?
Common Types of Medical Treatment and Diagnostic Testing
- What happens if I need surgery?
- What happens if I need physical therapy?
- Does workers' compensation cover prescription drugs?
- What happens if I need an X-ray, MRI or CT scan?
- What is an X-ray?
- What is a CT Scan?
- What is an MRI?
Disability Benefits and Death Benefits
- What types of disability benefits are available under Georgia Workers' Compensation Law?
- Is there a maximum weekly disability rate?
- Is there a maximum number of weekly disability checks that I can receive?
- What types of disability benefits can I get if I'm unable to work due to my work-related injury?
- 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?
- What if I am able to return to work, but can only get a lower paying job as a result of my injury?
- What happens if I become permanently disabled?
- What types of benefits are available in catastrophic cases?
- What types of benefits can the spouse, children, and dependents of a worker who was killed on the job receive?
- Under what circumstances might my disability benefits be suspended or terminated?
Workers' Compensation Hearings, Discovery, and Depositions
- Do I have to go to court?
- When will my workers' compensation case go to court?
- Where will my workers' compensation hearing take place?
- What is a workers' compensation hearing?
- Who participates in a workers' compensation hearing?
- What can I expect at a workers' compensation hearing?
- What is a deposition?
- What are the "ground rules" for a deposition?
- What will they ask me during my workers' compensation deposition?
- Do you have any advice regarding my workers' compensation deposition?
Settlement Mediations
- What is a settlement mediation?
- Can I request a settlement mediation?
- Is a settlement mediation the same as a workers' compensation hearing?
- How long will my settlement mediation last?
- Where will my settlement mediation take place?
- When will my settlement mediation take place?
- Who will attend my settlement mediation?
- Who will be the mediator at my settlement mediation?
- What should I bring to my settlement mediation?
- Am I required to settle my case at a settlement mediation?
Workers' Compensation Settlements
- Am I entitled to settle my workers' compensation case?
- How much is my workers' compensation case worth?
- Who will pay for my medical care after I settle my case?
- How will settlement affect me if I'm receiving Social Security?
- Is there more than one kind of workers' compensation settlement?
Employer Retaliation, FMLA, Unemployment, and Other Employment Issues
- Can my employer fire me while I'm receiving workers' compensation benefits?
- How does the the Americans with Disabilities Act affect workers' compensation claims?
- 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?
- Can I receive unemployment benefits and workers' compensation benefits at the same time?