What is workers’ compensation?
Workers’ compensation is an insurance system that provides medical care and wage benefits to employees who are hurt or become ill because of their job. It is designed to help cover necessary treatment and part of your lost income after a work-related injury.

Am I covered under Georgia’s workers’ compensation law?
Most employees in Georgia are covered if their employer has three or more workers, including regular part-time employees. If you were hurt while doing your job, there is a good chance you may be covered even if there are questions about your job title or classification.

What kinds of injuries are covered?
Workers’ compensation can cover sudden accidents, repetitive stress injuries, and some work-related illnesses. The key issue is whether the injury or condition is connected to your job duties.

Do I really need an attorney for a workers’ comp claim?
Not every injury claim requires a lawyer, but legal help can be important when injuries are serious, benefits are delayed, medical care is denied, or you are not being treated fairly. An attorney can help protect your rights and make sure you understand your options. The most important reason to hire an attorney is Georgia is the selection of treating physicians. They are the ones responsible for assigning work restrictions and recommending treatment, if you select the wrong doctor, your case value can be extremely limited.

How long do I have to report my injury?
In Georgia, you should report your injury to your employer as soon as possible and no later than 30 days after the accident or after you realize your condition is work-related. Waiting too long can put your claim at risk. There are of course exceptions to this rule but if you’re outside of this 30 day window, you should speak with an attorney as soon as possible.

How long do I have to file a workers’ comp claim?
In many cases, you generally have one year from the date of injury to file a formal claim, although there can be important exceptions. Because deadlines can be confusing, it is best to get legal guidance as early as possible.

What should I do immediately after a work injury?
Get medical attention right away, report the injury to your supervisor, and make sure it is documented as a work-related injury. If possible, keep records of what happened, who witnessed it, and any paperwork or communication you receive, including text messages and voicemails.

Can I choose my own doctor?
In Georgia workers’ compensation cases, your employer or its insurance company often controls which doctors you can see through an approved list of providers. You may still have options, but it is important to understand the rules before changing doctors or seeking outside treatment. If there is no Panel of Physicians posted on the premises, you may be able to select a physician of your choosing provided they accept the workers’ compensation fee schedule. Again, doctor selection in workers’ compensation is the most important decision you will make and you shouldn’t go in blind.

Who pays my medical bills?
If your claim is accepted and your treatment is authorized; workers’ compensation should pay for all reasonable and necessary medical care related to your injury. This may include doctor visits, hospital care, therapy, prescriptions, and mileage.

Can I refuse surgery or other treatment?
You have a right to be involved in your own medical decisions, but refusing recommended treatment can affect your benefits. Before making that choice, it is important to understand how it could impact your case and you should reach out to an attorney before telling your physician that you do not want a particular treatment.

What wage benefits can I receive if I cannot work?
If your doctor says you cannot work because of your injury, you may be entitled to weekly income benefits. Temporary Total Disability benefits are 2/3 of your Average Weekly Wage at the time of your work-related injury, with a maximum compensation rate of $800 per week. Other benefits may apply if you are working part-time or have been released to light duty for a year.

What if I can work, but I have to take a lower-paying job?
If you return to work but earn less because of your injury or restrictions, you may qualify for partial wage benefits. These benefits are called Temporary Partial Disability benefits, and they are capped in Georgia at $533 per week. These benefits are meant to help make up part of the difference in your earnings.

Are workers’ compensation benefits taxable?
Workers’ compensation wage benefits are generally not taxable. This is one reason the weekly amount may look different from your normal paycheck.

Can I get pain and suffering from workers’ comp?
No. Workers’ compensation does not provide damages for pain and suffering. It is meant to cover medical treatment, a portion of lost wages, and certain disability-related benefits. This was historically passed as the “Grand Bargain” as part of the no-fault system; even if you make a mistake on the job (with exceptions), you will still qualify for workers’ comp. However, you will not receive pain and suffering value as you would in a Personal Injury claim.

Can I be fired while I am on workers’ compensation?
Georgia is an at-will employment state, which means employers have broad rights when it comes to termination. So the short answer is Yes, with exceptions. Even so, if you are fired while receiving workers’ compensation benefits, it is important to understand how that could affect your claim and future options.

Can I be fired for filing a workers’ compensation claim?
These situations can be complicated. If you were fired after reporting an injury or filing a claim, it is important to speak with an attorney about what happened and how it may affect your rights.

Can I work while receiving workers’ comp benefits?
Possibly, depending on your medical restrictions and the type of benefits you are receiving. Before starting any job, part-time work, or side work, it is important to make sure it will not jeopardize your claim. Additionally, if you were working two jobs at the time of your work-related accident, you may have options of combining those incomes for consideration for your weekly Temporary Total Disability benefit rate, or you may be able to receive benefits while continuing to work for the other Employer. However, you will need ot speak with an attorney to see how this situation could potentially affect your claim.

Should I settle my workers’ compensation case?
A settlement can be a good option in some cases, but it is an important decision that should be made carefully. Before agreeing to any settlement, you should understand what benefits you may be giving up and whether the amount being offered is fair. More often than not, Adjusters will pay significantly less to a non-represented injured worker to settle their claim vs. if they were represented by Counsel.

Can I sue my employer instead of filing for workers’ comp?
In most Georgia work injury cases, workers’ compensation is the main remedy available against an employer. However, there may be situations where another person or company could also be legally responsible and 3^rd party claims have a significantly higher value than most workers’ compensation claims alone.

Can I also get unemployment benefits?
Workers’ compensation and unemployment benefits follow different rules, and receiving both can create complications. Before applying for unemployment, it is smart to understand how it could affect your workers’ comp case.

When should I contact a lawyer?
You should contact a lawyer if your injury is serious, your benefits are delayed or denied, you are missing work, or you feel unsure about how your claim is being handled. Getting answers early can make a big difference.

How much does it cost to talk with you?
Stottlemyer & Associates offers free consultations so you can learn about your options and ask questions about your situation. If the firm takes your case, fees are handled on a contingency basis which is statutorily set in Georgia.

What should I bring to my first meeting?
If you have them, bring any accident reports, medical records, bills, letters from the insurance company, wage information, and notes about your injury. If you do not have everything yet, that is okay — you can still start the conversation.